A Dublin schoolboy accused of murdering gunman Tristan Sherry has been denied bail after a High Court judge held that releasing the teen created "substantial risk" for the community and people around him.
The teenager (17) is the third person charged with the murder of Mr Sherry (26), who was killed after he fatally injured Jason Hennessy Snr (48) in a Christmas Eve shooting at Browne's Steakhouse in Blanchardstown.
The teen, who cannot be named because he is a minor, was previously remanded to Oberstown detention centre on January 12th following a brief hearing. Gardaí objected to his bail application in the High Court.
Mr Justice Tony Hunt, who had seen CCTV evidence and heard defence pleas to release the boy, subject to a range of conditions and parental supervision, delivered his ruling on Wednesday.
Refusing bail, Mr Justice Hunt said a gangland-type scenario sprang to mind, and he found it incredible to contemplate that the boy could resume his life as before the incident.
He said everybody around, in an unconscious way, "would be expected to run the risks that now undoubtedly surround this young man", and to suggest otherwise was untenable.
Endangerment
One part of the bail objection focussed on concerns that releasing him would endanger others and the community.
Despite the application being heard in camera, meaning the public is excluded and there are media reporting restrictions put in place, Mr Justice Hunt said information may "dribble out" and "was capable of becoming well-known".
He said to suggest that releasing the teenager was free from risk was "naive in the extreme", and the boy was on one side of a very dangerous situation, which presents dangers which cannot be ignored.
He was also satisfied that there was a substantial risk to the community or people wittingly or unwittingly around the defendant, adding that allowing him to return to school would also be an unacceptable risk.
Earlier, Garda Tom McCarrick objected to bail and said Mr Sherry died from blunt force head trauma at Browne's Steakhouse in Blanchardstown.
Gda McCarrick said it was alleged the teen ran to the toilets when two gunmen entered, and he then tried to get out a fire exit, which was locked.
The court heard he went back to the toilet, but came out two minutes later and allegedly got involved in the attack on Mr Sherry.
The garda agreed that the attack had commenced at that point, and that Mr Sherry had been disarmed before the teen returned to the main part of the restaurant.
Interview
The court heard that when interviewed, the teen told investigating officers he was "in fear".
The garda said the two guns involved in the incident had not been recovered, and the second shooter has yet to be arrested.
The teen was accompanied in court on Wednesday by his parents, with his mother confirming that her son could come home if bail was granted.
However, under cross-examination by Kitty Perle BL, for the State, the mother said she had not known where he was on Christmas Eve.
Defence barrister Ronan Prendergast, instructed by solicitor Simon Fleming, said the mother would lodge €1,000, a significant sum for her, and the teen could surrender his passport and obey conditions.
Counsel said the teen wishes to return to school and attend evening study.
However, Mr Justice Hunt had said the defence "had another thing coming" if it were "blithely" suggesting letting the accused walk back to school, "wandering in and out of classrooms" after what had happened.
In reply, the defence said the teen would make other educational arrangements.
At the teenager's first hearing, Gda McCarrick said the boy "made no reply to the charge after caution".
Mr Sherry was killed after shooting Mr Hennessy, from Corduff, Dublin, during the incident at Browne's Steakhouse in Blanchardstown on December 24th. The latter later died in hospital on January 4th.
Two further men have been charged with Mr Sherry's murder, and three other males are facing further charges in connection with the incident.
