A teenager accused of kicking gunman Tristan Sherry, who was fatally injured after he shot another man in a Dublin restaurant, has been returned for trial to the non-jury Special Criminal Court.
Tristan Sherry (26), a father of one from Finglas, died of blunt force trauma to the head after shooting Jason Hennessy Sr at Browne’s steakhouse in Blanchardstown on Christmas Eve.
The boy, 17, who cannot be identified because he is a minor, is accused of violent disorder at the scene but maintains his innocence.
Judge Paul Kelly refused jurisdiction to keep the case in the Dublin Children’s Court, where sentences cannot exceed 12 months.
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The teen, whose bail was revoked five weeks ago, appeared again before Judge Kelly on Wednesday and had a book of evidence served on him.
A State solicitor told Judge Kelly that the Director of Public Prosecutions (DPP) directed that he be tried in the Special Criminal Court.
The DPP furnished a certificate under section 46.2 of the Offences Against the State Act saying that, in this case, “the ordinary courts are inadequate to secure the effective administration of justice.”
The judge agreed to grant a return-for-trial order.
Legal aid was granted to the youth, instructed by solicitor Simon Fleming, and will include representation of senior counsel.
Earlier, Detective Garda John Hayes outlined the case and said Mr Hennessy, from Corduff, Blanchardstown, had been with family and associates in the restaurant on December 24th, 2023. Two gunmen entered and shots were fired.
“One gunman fled, and the other was grabbed by Jason Hennessy Sr; this gunman was Tristan Sherry. Both fell to the ground, and the firearm Tristan Sherry had was picked up by a person there,” said Detective Garda Hayes.
“A number of people attacked the gunman on the ground,” he said, adding that the boy was identified and kicked Sherry two or three times. He hid under a table when the shooting began.
It was claimed he remained there during the initial attack on Sherry and that he emerged and helped another person lift Jason Hennessy Sr to carry him out of the restaurant.
However, it was alleged the teen, who had no prior criminal convictions, then broke away from holding Mr Hennessy as he got closer to Mr Sherry and struck him two or three times with his feet.
Four men charged with murder and another youth accused of a connected firearms offence have already been sent forward to the Special Criminal Court. Three other males are also before the courts on related charges, including assault, violent disorder and a weapons offence during the incident.
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