CCTV footage capturing the final moments of gunman Tristan Sherry and the fatal shooting of Jason Hennessy Sr in a restaurant on Christmas Eve was shown at a youth's hearing on Tuesday.
A 17-year-old boy accused of violent disorder by delivering kicks to Mr Sherry in Browne's Steakhouse in Blanchardstown faced a preliminary hearing to decide his trial venue.
Judge Paul Kelly refused jurisdiction to keep the case in the Dublin Children's Court, where sentences cannot exceed 12 months. He agreed with the Director of Public Prosecutions that the boy must be tried at a higher level with co-defendants in the Central Criminal Court.
Tristan Sherry (26), from Finglas, died of blunt force trauma to the head after shooting Jason Hennessy Sr at the restaurant.
Mr Hennessy (48), from Corduff, Blanchardstown, died in hospital 11 days after the gun attack.
Gardaí charged the teenager in January with engaging in violent disorder in the restaurant on December 24th by using or threatening to use violence with others, which would cause another person present to fear for their safety.
Outlining the case, Detective Garda John Hayes said Mr Hennessy had been with family and associates when two gunmen entered and "opened fire".
"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," Detective Garda Hayes said.
"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.
The court heard Sherry also suffered stab wounds.
Footage
The youth, accompanied to court by his mother, did not address the court and sat silently as the footage was played.
The video showed two masked gunmen entering and opening fire in the crowded restaurant while customers, including a small child, rushed for cover.
Detective Garda Hayes pointed to a youth onscreen sitting in a booth and alleged he was the defendant who hid under the 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 he then broke away from holding Mr Hennessy as he got closer to Mr Sherry and struck him two or three times with his feet.
Footage showed a youth, allegedly the accused, attempting to exit through a fire door, which he could not open, and he re-entered the restaurant, got his jacket and left while others were still attacking Sherry.
Detective Garda Hayes agreed with defence counsel Doireann McDonagh that the youth had no prior criminal convictions.
Counsel said the boy had average maturity for his age and was affected by peer pressure but maintained his innocence.
Judge Kelly, the District Court President, noted that the teenager did not face the most serious charge from the incident.
Refusing jurisdiction, however, he said the boy allegedly joined in the assault on Sherry after three or four minutes. "And at that stage, Mr Sherry was on the ground, clearly very badly injured and therefore unable to resist or pose a threat," Judge Kelly said.
The boy was remanded in continuing custody pending the preparation of a book of evidence, which the prosecution must serve before a trial order is granted.
He will appear again at the Children's Court in two weeks.
Seven other males aged 17-26 are before the courts.
Wayne Deegan (26), from Linnetsfield Avenue, Phibblestown, Dublin 15; David Amah (18), of Hazel Grove, Portrane Road, Donabate, Dublin; Michael Andrecut (22), with an address at Sheephill Avenue in Dublin 15; and a 17-year-old boy who cannot be named because he is a minor, were previously charged with murdering Sherry.
Three other men are also before the courts on related charges, including assault, violent disorder and production of a weapon during the incident.
One is accused of removing the submachine gun used by Sherry, which has not yet been recovered.
Another co-defendant, Brandon Hennessy (20), of Sheephill Avenue, Dublin 15, is a son of Jason Hennessy Sr. A court has heard he allegedly "retaliated" after his father was fatally injured.
