Three men have been found guilty of the murder of Tristan Sherry, a gunman who was beaten to death after he shot and killed gangland figure Jason Hennessy snr at a Christmas party in a busy restaurant on Christmas Eve two years ago.
The three-judge, non-jury court dismissed defence arguments that each of the three were so provoked by the gunman’s actions that they were unable to refrain from repeatedly stamping, kicking and stabbing the deceased and striking him with weapons including an iron bar, a drinking glass and chairs.
Brandon Hennessy, a son of Jason Hennessy snr, was found guilty of violent disorder for twice striking Sherry with a dustpan and brush. Two other young men were also found guilty of violent disorder arising from Sherry’s death.
The trial, which took place last year, heard that Tristan Sherry and a second gunman entered Browne’s Steakhouse in Blanchardstown on December 24th, 2023 where Jason Hennessy snr and about 30 others had gathered.
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Sherry shot and fatally wounded Hennessy snr before himself being dragged to the ground and beaten to death.
Delivering the judgment on Monday, Mr Justice Kerida Naidoo said the prosecution had rebutted submissions by defence lawyers that their clients should be found guilty of manslaughter rather than murder because they suffered a sudden and total loss of self-control due to Sherry’s actions.
CCTV footage of the incident, he said, showed them making careful, deliberate violent actions, arming themselves with various weapons and occasionally pausing before returning to the violence.
In its ruling the court noted that Sherry died from multiple blows to the head which caused traumatic brain injuries and 27 sharp force wounds to the trunk consisting of 16 stab wounds and 11 incised wounds.
While Sherry had suffered a single through-and-through gunshot wound to the shoulder, this injury did not contribute to his death.
In the case of the accused man Michael Andrecut (23), the court found that his actions were “considered and relatively composed”. He stamped on and kicked Sherry’s head, stabbed him repeatedly using a knife, beat him with an iron bar and struck him with a chair. He left and returned to the scene numerous times, inflicting violence each time and on one occasion pausing to use his mobile phone to take a picture of Sherry as he lay dead or dying.
Andrecut did not do anything to Sherry while the gunman was armed but engaged in violence only when Sherry was disarmed and on the floor, Mr Justice Naidoo said.
David Amah (19), was 17 at the time, Mr Justice Naidoo said. CCTV footage showed Amah repeatedly stamping on and kicking Sherry’s head and body before repeatedly striking him with a chair. The court also found from its own viewing of the CCTV, it was clear that Amah used a knife to stab Sherry.
His decision to arm himself with a chair demonstrated his ability to make decisions and while he occasionally seemed distressed, his actions and demeanour were not consistent with a total loss of self control, the court found.
Noah Musueni (18), the court said, initially ran to an emergency exit when Sherry and the second gunman appeared but when he was unable to open the door, he returned to the scene of the shooting.
He helped to remove Jason Hennessy Snr from the scene but let go of the stricken man before stamping on Sherry three times with his right leg. He then took something from a table, crouched down and stabbed Sherry with a knife that was visible on the footage in his right hand. He stood up, paused and moved back to stab Sherry again in the torso before positioning himself to stamp again with his right foot.
Before leaving, Musueni had a “relatively composed” interaction with another person before throwing a chair that struck Sherry on the torso. Although his engagement in the violence lasted just 41 seconds, the court found that Musueni displayed no shock or upset afterwards at what he had done and it was not plausible that he had suffered a total loss of self control for the duration of all the violence he inflicted.
“His actions demonstrated that he was in control of what he was doing,” Mr Justice Naidoo said. Musueni had been on bail but Mr Justice Naidoo ordered that he be put in custody this afternoon.
The court noted that none of the murder accused relied on self-defence because it was clear from the footage that Sherry had been disarmed and was lying on the restaurant floor when he suffered the blunt and sharp force injuries that caused his death.
While the court accepted that the murder of Jason Hennessy snr was an “extremely provocative” act, each of the accused had the opportunity to consider their actions and their demeanour showed that they were not overcome by the circumstances, he said.
The three convicted of Sherry’s murder are Noah Musueni (18), Corduff Park, Blanchardstown; David Amah (19), Hazel Grove, Portrane Road, Donabate, Dublin; and Michael Andrecut (23), Sheephill Avenue, Blanchardstown.
Three men charged with violent disorder arising from the same incident had argued that they acted in self-defence when they struck Sherry during the melee.
The court found that Brandon Hennessy (21) of Sheephill Avenue, Dublin 15 did not genuinely believe that Tristan Sherry was a threat to him when he twice struck Sherry with a dustpan and brush. Mr Justice Naidoo said Hennessy’s movements and demeanour were not that of a man in fear and it would be difficult to understand how hitting Sherry with a dustpan would neutralise any perceived threat.
Jonas Kabangu (19), Corduff Park, Blanchardstown and 18-year-old Diarmuid O’Brien of Corduff Place, Blanchardstown were also convicted of violent disorder. Mr Justice Naidoo noted that O’Brien initially hid under a table and when he emerged from his hiding place, Sherry had already been disarmed and was defenceless on the floor. The court found that O’Brien twice stamped on Sherry, that he was not acting in self-defence and that the violence he used was unlawful.
With regard to Kabangu, the court said it could not be reasonably true that he acted in self-defence.
Mr Justice Naidoo ordered various reports for the accused and will mention the matter again on March 10th, with a view to having a sentencing hearing on April 7th.
