Tristan Sherry trial: Steakhouse murder accused "provoked" by assassination of father figure

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Tristan Sherry Trial: Steakhouse Murder Accused "Provoked" By Assassination Of Father Figure
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 with their faces covered and hoods up. Photo: PA.
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Eoin Reynolds

A young man whose "father figure" was shot dead "in cold blood" during a Christmas Eve party could have been provoked into a total loss of control when he is alleged to have kicked, stamped, stabbed and used various weapons to inflict blows on the gunman, a lawyer has told the Special Criminal Court.

Dominic McGinn SC, for Michael Andrecut (23), applied this morning to the three-judge, non-jury court for permission to argue provocation as a partial defence to the murder charge against his client.

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If the court consents, Mr McGinn will be able to argue that even if the grounds for murder are made out, Mr Andrecut should be found guilty of manslaughter.

The defence case would be that Mr Andrecut was so provoked by the gunman Tristan Sherry's "cold-blooded and deliberate" assassination of Jason Hennessy Snr that he was unable to control his actions.

The court has previously heard that in garda interviews, Mr Andrecut referred to Hennessy Snr as "Daddy J", and described him as a father figure who he loved and who loved him like a son.

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 with their faces covered and hoods up.

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Sherry scuffled with Hennessy Snr and fatally wounded him before the gunman was himself disarmed and beaten to death.

Three men are currently on trial accused of Sherry's murder while three others, including Jason Hennessy Snr's son Brandon Hennessy, are on trial accused of violent disorder. They all deny the charges.

Mr McGinn on Thursday told the court that for it to consider provocation as a partial defence to a murder charge, they must be satisfied there is evidence of a "genuinely serious act of provocation" that caused the accused to suffer a total loss of self-control.

Counsel said it would be difficult to imagine a more provocative act than Sherry shooting "in cold blood someone who was a father figure to Mr Andrecut" while they celebrated a Christmas party.

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Mr McGinn said the prosecution's case is that Mr Andrecut carried out "extreme and continuous" acts of violence that included kicks, stamps, stabs and other blows along with the use of an "array of randomly acquired weapons".

Mr McGinn said all those alleged actions are "indicative of a loss of control."

Counsel suggested it would be difficult to know how anyone would react to "something as dramatic as the assassination of someone who is close to us," and he added: "It would be difficult to argue that an ordinary person would have been able to exercise self-restraint in the face of that provocation."

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He reminded the court that in his interviews, Mr Andrecut said he reacted "instinctively" to the shooting, which Mr McGinn said suggests he had no control over his actions.

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Lawyers for the other two men accused of Sherry's murder indicated that they will make similar applications when the trial continues on Friday before Mr Justice Kerida Naidoo, Judge Elma Sheahan and Judge James Faughnan.

The three men currently on trial accused of 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, and Brandon Hennessy (21) of Sheephill Avenue, Dublin 15 - the son of Jason Hennessy Snr - are charged with violent disorder at the same location on that date.

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