Two more men accused of murdering Tristan Sherry, who was killed after he fatally shot a man in a Dublin restaurant on Christmas Eve, have been sent forward for trial to the non-jury Special Criminal Court.
Gardaí served books of evidence on David Amah (18) and Michael Andrecut (22) who both face murder charges; and Juares Kumbu (18) who is solely accused of a firearms offence for removing the shooter’s murder weapon.
The Director of Public Prosecutions (DPP) chose the non-jury trial venue because, in this case, “the ordinary courts are inadequate to secure the effective administration of justice.”
Finglas father-of-one Sherry died from blunt force head trauma in Browne’s Steakhouse in Blanchardstown. He was injured after shooting Jason Hennessy snr with a submachine gun.
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Mr Hennessy (48) from Corduff, Blanchardstown, had been having dinner with family and friends before he was shot in the neck and upper body. He died in hospital 11 days later.
The defendants had been refused bail earlier and appeared at Cloverhill District Court on Tuesday.
Senior prosecutor Tom Conlon told Judge Alan Mitchell that the DPP directed that they all be tried in the Special Criminal Court.
The judge agreed to grant a return-for-trial order and legal aid to the three, who will also have senior counsel representation.
They will learn the date of their appearance before the Special Criminal Court later and remain in custody, having been denied bail earlier.
Mr Kumbu and Mr Amah did not speak during the hearing, but Mr Andrecut said “Nice one” when served with his book of evidence and later when the judge explained the order.
Judge Mitchell said that if they face trial together, “there will be large legal teams, and the courtroom will have to be big for this number of accused.”
The hearing was told Mr Andrecut, with an address at Sheephill Avenue in Dublin 15, would be raising the issue of self-defence. Mr Amah, of Hazel Grove, Portrane Road, Donabate, Dublin, had informed gardaí that he panicked and felt “my life is in danger”.
Det Garda Shane Guinan alleged Sherry was grabbed by Jason Hennessy snr, who “succumbed to his injuries”.
The court heard the gun fell to the floor, but it was picked up and put on a table. Mr Kumbu, of Brookhaven Grove, Blanchardstown, allegedly picked it up, left the restaurant and was driven away from the scene.
Last week, two other Dublin men also had their cases transferred to the same court.
Noah Musueni (18) of Corduff Park, Corduff and Wayne Deegan (26) of Linnetsfield, Avenue, are also accused of murdering Sherry.
Another youth and two other men are before the courts on related charges, including assault, violent disorder and a weapons offence during the incident.
One is Brandon Hennessy (20) of Sheephill Avenue, Dublin 15, a son of Jason Hennessy snr.
He has been accused of violent disorder and production of a commercial dustpan and brush with a steel handle capable of inflicting serious injury during the incident.
A court has heard he allegedly “retaliated” after his father was shot.
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