One of the men accused of beating Tristan Sherry to death after Sherry had fatally shot a man at a busy restaurant last Christmas Eve, told gardaí he still felt the gunman was a threat several minutes after he had been disarmed and was lying on the ground.
In garda interviews read out at the three-judge, non-jury Special Criminal Court on Tuesday morning, 18-year-old David Amah, who denies Sherry's murder, said he was scared when Sherry came into the restaurant, shot James Hennessy sr and pointed the gun at him.
Mr Amah said his "head was f**ked", women and children around him were crying and he felt Sherry was a threat to him. When gardaí put it to him that four or five minutes after the assault began, Sherry was no longer a threat, Mr Amah replied: "I felt he was a threat to me. My head was f**ked, kids were screaming, women were screaming. I just felt that man was a threat to me."
Gardaí asked Mr Amah why he took out his phone to record Sherry lying on the ground. Mr Amah replied: "I still felt that man was a threat to me. It may not look like it but I felt he was a threat. My head was f**ked."
Noah Musueni (18) also denies Sherry's murder. He told gardaí that he was scared and when he struck Sherry with a chair he was acting in self-defence.
He said at one point he picked a butter knife off a table and accepted that he kicked and hit Sherry in the upper legs. "I was scared that he was still going to hurt me," he said.
The court has heard that Hennessy snr and a group of about 30 people had gathered in Browne's Steakhouse in Blanchardstown last December 24th for a party when Sherry and a second gunman arrived.
Sherry scuffled with Hennessy snr and fatally wounded him before the gunman himself was disarmed and beaten to death.
Sgt Emma Ryan on Tuesday told prosecution counsel Fiona Murphy SC that Mr Amah presented himself at Blanchardstown Garda Station on January 3rd this year to be arrested on suspicion of Sherry's murder.
He was taken to Finglas Garda Station to be interviewed and told gardaí that he was frightened when the gunman came into the restaurant and "pulled the gun to us". He said the gun was pointed at him and he felt his life was in danger.
When gardaí played CCTV footage of the incident to Mr Amah, he said he "still felt that man was a threat to me". He said he didn't know Sherry had been disarmed and didn't know where the gun was. During the assault, he said Sherry was "still saying stuff" and he felt he remained a threat.
When gardaí said they didn't understand how Sherry was a threat, Mr Amah said: "Two minutes before he is trying to shoot us. I felt he was a threat to me."
Det Gda Tom McCarrick said Mr Musueni was arrested on January 12th this year and interviewed at Blanchardstown Garda Station. Having viewed CCTV footage from Browne's, Mr Musueni told gardaí he couldn't remember throwing the chair but remembered being scared after seeing a gun pointed at him.
He said he wanted to "get out of there" and ran to a bathroom. He tried to exit through an emergency door but it was locked. "I wish that door was open," he said.
There were children in the toilet and he wanted to make sure they were ok, he said. When he went back to the restaurant, he said he was in shock and saw Hennessy falling to the ground.
He said he picked a butter knife off the table but it wasn't sharp. He said he was "in fear of the gunman because he could still do something to me". When asked why he hit Sherry with a chair, he said "it was self-defence, I was scared."
Under cross-examination, Det Gda McCarrick and Sgt Ryan confirmed that neither Mr Amah nor Mr Musueni have any previous convictions. Neither of them had ever previously been questioned by gardaí in relation to any matter, they said.
The trial continues on Wednesday before Mr Justice Kerida Naidoo, Judge Elma Sheahan and Judge James Faughnan.
The three men charged with Sherry's murder are Noah Musueni (18), Corduff Park, Blanchardstown; David Amah (18), Hazel Grove, Portrane Road, Donabate, Dublin; and Michael Andrecut (22), Sheephill Avenue, Blanchardstown.
Jonas Kabangu (18), Corduff Park, Blanchardstown and 18-year-old Diarmuid O'Brien of Corduff Place, Blanchardstown are charged with violent disorder at the same location on that date.
Brandon Hennessy (21) of Sheephill Avenue, Dublin 15 – the son of Jason Hennessy sr – is also charged with violent disorder.
All the accused have pleaded not guilty.
