Three found guilty of murdering man after shooting at Dublin steakhouse
Three men have been found guilty of the murder of Tristan Sherry after a shooting attack at a Dublin steakhouse on Christmas Eve in 2023.
The three men had claimed they were provoked by Sherry shooting Jason Hennessy Snr, who later died in hospital of his injuries.
Three other men, including the son of Mr Hennessy, were found guilty at the Special Criminal Court on Monday of violent disorder in relation to the incident.
Gunmen entered Browne's Steakhouse in Blanchardstown on December 24 2023 and fired a number of shots, injuring Mr Hennessy, who died in hospital two weeks later.
Mr Sherry, one of the suspected gunmen, died at the scene after being hit and kicked in the head repeatedly and stabbed multiple times in the torso.
He also suffered a gunshot wound to the shoulder, which the court heard did not contribute to his death.
The court heard that Mr Hennessy and the six defendants were part of a 30-person booking at the restaurant on Christmas Eve in 2023 when gunmen entered and fired shots.
Mr Hennessy Snr and others disarmed Mr Sherry during the incident, the court heard.
Several items were used to inflict injuries on Mr Sherry, including a butter knife, a 7cm long metal bar, a brush with a black plastic grip at one end, and two wooden-framed chairs.
At the non-jury court on Monday, Mr Justice Kerida Naidoo said the prosecution had rebutted the defence used by the three defendants accused of murder, that they had been provoked by Mr Hennessy being injured.
Michael Andrecut, 23, of Sheephill Avenue, Corduff; David Amah, 19, with an address at Hazel Grove, Portrane Road in Donabate; and Noah Musueni, 18, with an address at Corduff Park had been charged with murder.
Reading out the judgment on behalf of the three-judge panel, Mr Justice Naidoo said there was an 'air of reality' to the defence of provocation.
In relation to Andrecut, the court heard that he saw Mr Hennessy Sr as a 'father figure', and it would have been 'distressing' to see him injured.
The court heard Andrecut had repeatedly stabbed Mr Sherry, kicked him in the head, and struck him in the head with an iron bar.
The court also heard he used a chair to hit him in the head and torso, got his jacket before kicking Mr Sherry again and 'apparently using his phone to take a picture'.
In their ruling, the judges concluded there were 'pauses through bouts of violence', which involved a 'series of decisions' by Andrecut.
The court said it was satisfied that he was in control of his actions.
In relation to Amah, who was 17 at the time of the incident, the court said it accepted that he was dealing with an 'extraordinary' scene that 'no-one expected'.
The court said it was satisfied that CCTV footage showed Amah stabbing Mr Sherry and that he also stamped on his torso, upper body and head area.
It highlighted that CCTV footage had showed Amah holding his mobile phone over Mr Sherry while he was struck on the head with a chair, and then Amah stamped on him, 'apparently recording his own activity'.
The court said that Amah allowed Mr Hennessy Snr to be moved out of the restaurant before continuing to assault Mr Sherry, which was 'inconsistent' with having lost control.
The court said it was satisfied that the accused demonstrated decision-making when he withdrew to get a chair and used his phone.
Musueni, who was also 17 at the time of the incident, initially tried to flee out of the back door when shooting broke out.
His defence team argued that when he returned to the restaurant, he saw Hennessy injured and 'lost control'.
The court said 'it was not plausible' to accept the sequence of events by the defence and the argument that Musueni had control in some parts and no control in others.
The judge said they were satisfied that his conduct indicated he was always in control of what he did, and that the use of different weapons was evidence of a mind in control.
Brandon Hennessy, the son of Mr Hennessy, with an address at Sheephill Avenue in Corduff, was found guilty of violent disorder for striking Mr Sherry with a large brush and dustpan.
Two other men were also found guilty of violent disorder after the court concluded that the prosecution had successfully argued against it being self-defence.
In relation to Jonas Kabangu, 19, with an address at Corduff Park, the judges concluded there was 'nothing about Mr Kabangu's behaviour (to) suggest he was in fear of Mr Sherry'.
They said that the violence used was unlawful and 'the force used was retribution for what Tristan Sherry had done'.
In relation to Diarmuid O'Brien, 18, with an address at Corduff Place, footage captured him stamping down on Mr Sherry twice after he had been disarmed.
The judges said they were satisfied that Mr Sherry was not a threat to him or anyone else present at the time, and argued that O'Brien would not have helped carry Mr Hennessy Snr over Mr Sherry if he thought he still posed a threat.
The case is due for mention on March 10 and a sentence hearing has been scheduled for April 7.
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