The son of the man shot in a busy Dublin restaurant on Christmas Eve last year used a dustpan and brush to strike down in the direction of the gunman while he lay on the ground after being disarmed, the Special Criminal Court has heard.
The non-jury court also heard on Wednesday that a teenager accused of violent disorder during the incident hid under a table in the restaurant as criminal Tristan Sherry opened fire before being beaten to death.
Three men are on trial at the three-judge court accused of murdering Mr Sherry at Browne’s Steakhouse on Main Street, Blanchardstown on December 24th last. Three others are accused of violent disorder arising from the same incident.
The court has heard that Jason Hennessy snr and a group of about 30 people had gathered in Browne’s for a party when Mr Sherry and a second gunman arrived. Mr Sherry scuffled with Hennessy and shot him, with his wounds later proving fatal, before he was disarmed and beaten to death.
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Det Gda Dermot Sloan told prosecution counsel Fiona Murphy SC that CCTV footage showed Diarmuid O’Brien (18) sitting in a corner seat at a table when Mr Sherry arrived at 8.13pm armed with a gun. As Mr Sherry struggled with Jason Hennessy snr, and other members of the Hennessy group, Det Gda Sloan said Mr O’Brien hid under the table. He remained there for more than one minute while the assault on Sherry continued, the witness added.
When Mr O’Brien emerged, he helped to lift Jason Hennessy snr from the ground. After about 20 seconds, Mr O’Brien broke away from the group carrying Jason Hennessy snr and moved closer to where Mr Sherry was lying on the ground.
The witness said Mr O’Brien appeared to strike in the direction of Mr Sherry, and then tried to leave through a fire door but was unable to do so due to a latch being closed. He left through the restaurant, stopping at one point to comfort a young woman, before picking up a small child who he carried out to the car park.
The court heard Brandon Hennessy arrived at Browne’s with his father at about 7.27pm. Once inside, he sat down beside Mr O’Brien and, when Mr Sherry opened fire, he moved towards his father while others continued wrestling with the gunman. Brandon Hennessy then moved towards Mr Sherry and crouched low to him and pulled or dragged him, the witness said, before being pulled away by another member of the group.
The accused attempted to assist his father but moved back towards the “scuffle” and again crouched down to Mr Sherry. Less than two minutes after the attack had begun, Brandon Hennessy took a dustpan and brush and used it to strike down in the direction of Mr Sherry. He then helped to carry his father from the area.
The accused and other members of the group placed Jason Hennessy snr into a car and drove away, Det Gda Sloan said.
Lawyers for each of the accused said they would be making submissions on the accuracy of Det Garda Sloan’s evidence.
The trial continues before Mr Justice Kerida Naidoo, Judge Elma Sheahan and Judge James Faughnan.
The three men charged with the murder of Mr Sherry are Noah Musueni (18), of Corduff Park, Blanchardstown; David Amah (18), of Hazel Grove, Portrane Road, Donabate, Dublin; and Michael Andrecut (22), of Sheephill Avenue, Blanchardstown.
Jonas Kabangu (18), of Corduff Park, Blanchardstown; Diarmuid O’Brien (18), of Corduff Place, Blanchardstown; and Brandon Hennessy (21), of Sheephill Avenue, Dublin 15, are charged with violent disorder.
All the accused have pleaded not guilty.
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