A 17-year-old schoolboy reacted in shock and fear on the spur of the moment when he attacked a gunman who had shot a member of his party in a busy restaurant last Christmas eve, a barrister has told the Special Criminal Court.
Seamus Clarke SC, representing 18-year-old Noah Musueni, said his client was a "young boy" celebrating Christmas Eve dinner when he was faced with an "unimaginable scene" after Tristan Sherry and an accomplice entered the restaurant armed with guns, dressed in black and with balaclavas covering their faces. Both men discharged their weapons and Sherry fatally wounded Jason Hennessy snr.
Counsel said that CCTV footage showed that Mr Musueni initially fled to a bathroom and tried to escape through an emergency door but found he couldn't open it.
When he returned to the restaurant he was confronted with a "scene of pandemonium and chaos" with Hennessy snr wounded on the ground and a crowd of people surrounding Sherry.
Mr Musueni helped to lift Hennessy snr from the ground before the injured man was removed from the restaurant and rushed to hospital where he was pronounced dead some days later.
As Hennessy snr was dragged away, Mr Musueni could be seen "stomping" on Sherry before taking a butter knife from a table and making a jabbing motion towards the deceased, counsel said.
Mr Clarke said Mr Musueni engaged in an "immediate and violent burst of action" which lasted no more than 41 seconds. He said his client was in "shock and fear" and reacted in the spur of the moment.
Mr Clarke said his client's actions were an instinctive reaction to the shooting and are indicative of a total loss of self control such that he was unable to refrain from causing serious injury to Sherry.
Under the law on provocation, if the accused was so provoked by Sherry's actions that he suffered a sudden and total loss of self-control, the court would find him guilty of manslaughter rather than murder.
Mr Clarke said the prosecution had failed to disprove that his client was so provoked and suggested that the "only safe verdict" is manslaughter due to provocation.
The trial, which has lasted a little over one month, has previously heard that Sherry and a second gunman entered Browne's Steakhouse in Blanchardstown on December 24 last year where Jason Hennessy snr and about 30 others had gathered for a Christmas Eve party.
Sherry shot and fatally wounded Hennessy Snr before himself being dragged to the ground and beaten to death.
Three men, including Mr Musueni, are on trial accused of Sherry's murder. Three others, including Jason Hennessy snr's son Brandon Hennessy, are accused of violent disorder arising from the same incident.
Lawyers for David Amah, who is accused of murder, and the three charged with violent disorder, will deliver their closing speeches on Friday and Monday.
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 (23), 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 is also charged with violent disorder.
All accused have pleaded not guilty.
