Gunman Tristan Sherry was kicked, stamped and struck with various objects including chairs during a “savage” assault at a busy Dublin steakhouse last Christmas Eve, a barrister has told the Special Criminal Court.
Prosecution counsel Fiona Murphy SC told the three-judge, non-jury court that Jason Hennessy snr and other associates had occupied a number of tables and booths at the busy Browne’s Steakhouse in Blanchardstown last December 24th.
Shortly after 8pm, Sherry and a second man entered the restaurant with their faces covered and hoods up, and went to where Hennessy snr was standing, holding a young toddler in his arms, counsel said.
Sherry walked towards Hennessy, leading to an altercation, and “within seconds” Sherry fell to the ground. The court has previously heard that Sherry was carrying a firearm and shot and fatally wounded Hennessy.
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Ms Murphy said Sherry was promptly disarmed and attacked by a group using “savage levels of violence” involving kicking, stamping and striking with various objects including chairs.
Counsel said CCTV shows Hennessy falling to the ground before being carried from the scene over Sherry who was still being attacked. Hennessy died from the gunshot injury he sustained in the altercation with Sherry, counsel said.
Ms Murphy said the court will view CCTV footage of the incident and each of the accused will be identified. A pathologist will say that Sherry died from blunt force trauma.
Noah Musueni (18), Michael Andrecut (22) and David Amah (18) each formally entered not guilty pleas to the murder of Sherry at the three-judge, non-jury Special Criminal Court this morning.
Following the opening speech by Ms Murphy, lawyers for each of the three murder accused admitted that their clients were present at Browne’s Steakhouse in Blanchardstown when Sherry died.
They also accepted that Sherry died as a result of injuries sustained during violence at the steakhouse and that the accused men were correctly identified on CCTV footage of the fatal incident that is relied on by the prosecution.
There were further admissions relating to the lawfulness of the arrests of the three, the seizure of exhibits, DNA samples and fingerprints, and that the crime scene was properly preserved.
Jonas Kabangu, Brandon Hennessy and Diarmuid O’Brien are charged with violent disorder arising from the same incident. Their lawyers also accepted that Sherry’s death was as a result of injuries sustained during the violence.
The trial continues on Thursday before Mr Justice Kerida Naidoo, Judge Elma Sheahan and Judge James Faughnan.
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