A teenager accused of removing a submachine gun from the Dublin restaurant where Jason Hennessy Senior was murdered on Christmas Eve has been granted bail after the Court of Appeal overturned a previous High Court decision refusing his application.
Gunman Tristan Sherry (26) was killed after he opened fire inside Browne’s Steakhouse in Blanchardstown on December 24th, 2023.
Mr Hennessey Snr was fatally injured in the shooting and died in hospital 11 days later.
Jaures Kumbu (18), Brookhaven Grove, Blanchardstown, is charged with possession of a submachine gun contrary to Section 27A (1) of the Firearms Act, at Main Street, Blanchardstown on December 24th 2023.
After viewing CCTV footage of the incident at the restaurant and hearing submissions from lawyers acting on behalf of Mr Kumbu at the Court of Appeal on Tuesday, Mr Justice John Edwards said the court was prepared to admit the 18-year-old to bail subject to a number of conditions.
These include that he signs on three times a week at Blanchardstown Garda Station, that he surrender his passport and that he stay away from his co-accused in the case. Mr Kumbu must also observe a curfew, reside at a named address and must stay away from the Hennessy family home.
In delivering the three-judge court’s ruling on the matter, Mr Justice Edwards noted that the appeal related to Mr Kumbu’s bail refusal on the grounds that he may not turn up for his trial and a concern that he “has and will continue to interfere with evidence”.
“That is a concern borne out [by the allegation] that he removed an important exhibit from the scene of the crime and to this day has not cooperated with gardaí, it is alleged, in enabling that item to be recovered; that item being a firearm,” said the judge.
He said the court had considered the matter and had concluded that the objection based on the possibility of flight was “simply not made out”.
Mr Justice Edwards said the issue regarding the possible interference with evidence was “much more finely balanced”. However, he said having considered the overall circumstances of the case and the fact that Mr Kumbu was interviewed in January but was not charged until April, the court was of the view that the level of concern with respect to this issue was not such that they would deny bail.
He said the court had decided that Mr Kumbu should be admitted to bail subject to strict conditions.
Counsel for Mr Kumbu, Séamus Clarke SC had earlier outlined the grounds of appeal, telling the court that the High Court judge who heard the bail application, Ms Justice Karen O’Connor, had erred in refusing bail on the grounds of flight risk and concerns relating to possible interference with evidence.
Mr Clarke highlighted the delay between his client speaking to gardaí on January 8 and his arrest on April 24.
“The gardaí permitted the applicant to be out at his liberty form early January until April,” he said, adding this was a relevant factor as to the credibility of a fear that Mr Kumbu was at liberty with a weapon that was out in the community.
He also submitted that the High Court judge who heard the bail application erred in refusing bail in a mistaken understanding as to the likely sentence to be imposed in the event of conviction.
He said the judge had stated that the minimum sentence for the offence charged was 10 years as opposed to the presumptive minimum which applied of five years.
Mr Clarke said small things such as this could make a difference in terms of “the overall assessment”.
Fiona Murphy SC, for the State, said the risk of flight was higher now than it had been before the appellant’s arrest because he has now been charged. “Once he is charged the incentive to flee has to increase because there is no need to flee when you haven’t been charged with anything,” she said.
In relation to the concern regarding interference with evidence, she said it is the State’s case that Mr Kumbu is the person who leaves the premises with the firearm. Ms Murphy said gardaí have no idea where the firearm is “save to say it was in his possession when he left the restaurant”.
“It’s a firearm that has already killed someone so we know it’s capabilities,” she said.
Counsel said the remark made by the judge hearing the bail application in relation to the 10-year minimum sentence had simply been “a slip of the tongue” and there had been a number of factors involved in the decision to refuse bail.
After delivering the court’s ruling on the matter, Mr Justice Edwards outlined the conditions for bail, including that the teenager surrender his passport and driving licence and give an undertaking not to apply for new documents, that he sign on three days a week at Blanchardstown Garda Station between the hours of 8am and 8pm and that he observe a curfew between 8pm and 8am.
Mr Kumbu must also stay away from his nine co-accused in the case and the Hennessy family home. He will also be required to provide an independent surety of €3,000.
