A man accused of attacking gunman Tristan Sherry in a Dublin restaurant where he suffered fatal injuries on Christmas Eve has claimed “he acted in self-defence”, a court has heard.
Mr Sherry (26) was killed following a shooting at Browne's Steakhouse in Blanchardstown on December 24th, during which Jason Hennessy Snr (48) was wounded.
Mr Sherry alleged fired shots in the restaurant while Mr Hennessy was having a meal with family and friends. Mr Sherry was then attacked, and was pronounced dead at the scene. Two men have earlier been charged with murdering Mr Sherry.
Mr Hennessy was taken to hospital for treatment, but died on January 4th.
Wayne Deegan appeared before Judge Alan Mitchell at Cloverhill District Court on Friday charged in relation to the incident.
Mr Deegan (25), of Linnetsfield Avenue, Phibblestown, Dublin 15, was charged with producing a knife as a weapon during an offence, assault causing harm to Tristan Sherry, and violent disorder by using or threatening to use violence with David Amah and Michael Andrecut, which would cause another person present to fear for their safety, at Browne's Steakhouse on December 24th.
He did not apply for bail after being charged last week and applied to be released on "stringent" terms when his case was called at Cloverhill District Court on Friday.
Detective Garda Sean Kelly objected, citing the seriousness of the offence and witnesses intimidation concerns.
He said it was alleged that Mr Deegan was a member of a group in the restaurant when two gunmen entered and opened fire on a male.
One fled but the other, Mr Sherry, was “grabbed” and suffered injuries, the court heard.
The court was told a firearm was picked up by another male and there was a “sustained attack” for five minutes by a number of people on Mr Sherry who was on the ground.
It was alleged that Mr Deegan kicked Mr Sherry in the head several times.
Threat
The detective said other customers were in the restaurant at the time, adding the accused could be a risk to those witnesses and the second gunman.
However, the judge said the evidence was not specific enough.
The garda agreed with defence solicitor Sandra Frayne that the case was based on CCTV evidence and that “the accused claimed he acted in self-defence”. He confirmed there was no evidence that he had made a threat to anyone.
Ms Frayne submitted that Mr Deegan did not have a history of violence, suggesting it was unnecessary to refuse bail. She added the case had a devastating effect on her client and his family.
Ms Frayne told the court her client was in receipt of disability allowance, adding that he is on medication which he has to take daily.
She claimed there is no evidence he would commit a further offence, or fail to turn up to court, adding he would abide by stringent bail conditions.
While the judge accepted defence submissions on several points, and ruled against some of the objections to bail, he held that the garda had established grounds to deny the application.
He remanded Mr Deegan in custody to appear again on January 26th.
He said it was more likely the case would be dealt with in a higher court and noted gardaí must obtain directions from the Director of Public Prosecutions (DPP).
Co-defendants David Amah (18), of Hazel Grove, Portrane Road, Donabate, Dublin, and Michael Andrecut (22), of Sheephill Avenue, Dublin 15, have been charged with murdering Mr Sherry.
The pair have been remanded in custody and are due back in court later this month.
Earlier this week, an 18-year-old man was arrested and later released, with a file to be sent to the DPP.
A fifth male, aged in his teens, was arrested on Friday and has been detained for questioning.
