A man accused of attacking gunman Tristan Sherry in a restaurant where he suffered fatal injuries on Christmas Eve has claimed “he acted in self-defence”, a court has heard.
Sherry, 26, was killed following a shooting at a inside Browne's Steakhouse in Blanchardstown in which another man, Jason Hennessy Snr, 48, was mortally wounded.
Wayne Deegan, accused of attacking Mr Sherry, violent disorder and producing a knife as a weapon, was refused bail when he appeared before Judge Alan Mitchell at Cloverhill District Court today.
Father of one, Sherry, 26, was attacked after opening fire and was pronounced dead at the scene.
Jason Hennessy Snr was shot in the neck and upper body while having a meal with family and friends. Mr Hennessy, from Corduff in west Dublin, was rushed to hospital, but his condition deteriorated, and he passed away on January 4, resulting in gardai commencing a separate murder probe.
Two men have been charged with the murder of Mr Sherry.
But a third co-defendant, Wayne Deegan, 25, of Linnetsfield Avenue, Phibblestown, Dublin 15, was charged with producing a knife as a weapon during an offence, assault causing harm to Tristan Sherry, and violent disorder by using or threatening to use violence with David Amah and Michael Andrecut, which would cause another person present to fear for their safety, at Browne's Steakhouse on December 24.
He did not apply for bail after being charged last week and applied to be released on "stringent" terms when his case was called at Cloverhill District Court today.
Detective Garda Sean Kelly objected citing the seriousness of the offence and witnesses intimidation concerns. He said it was alleged that Mr Deegan was a member of a group in the restaurant when two gunmen entered and opened fire on a male.
One fled but the other, Mr Sherry, was “grabbed” and suffered injuries.
The court heard a firearm was picked up by another man and there was a “sustained attack” for five minutes by a number of people on Mr Sherry who was on the ground for five minutes.
It was alleged that Mr Deegan kicked him to his head several times.
The detective said other customers were in the restaurant at the time and the accused could be a risk to those witnesses and the second gunman.
However, the judge said the evidence was not specific enough and disregarded that evidence.
The garda agreed with defence solicitor Sandra Frayne the case was based on CCTV evidence and that “the accused claimed he acted in self-defence” and that there was no evidence that he had made a threat to anyone.
She submitted that he did not have a history of violence and it was unnecessary to refuse bail. The solicitor said the case had a devastating effect on her client and his family.
She said he was a patron in the restaurant and has raised self-defence. The solicitor submitted that he was on disability benefit and on medication which he has to take daily, and that there was no evidence he would commit a further offence or not turn up to court.
He would also abide by stringent bail terms including a curfew, specific residency conditions and an order t to stay away from particular areas, she told Judge Mitchell.
While the judge accepted defence submissions on several points, and ruled against some of the objections to bail, he held that the garda had established grounds to deny the application. He remanded Mr Deegan, who did not address the court, in custody to appear again on January 26.
He said it was more likely the case would be dealt with in a higher court and noted gardai must obtain directions from the Director of Public Prosecutions.
Co-defendants David Amah, 18, of Hazel Grove, Portrane Road, Donabate, Dublin and Michael Andrecut, 22, with an address at Sheephill Avenue in Dublin 15, have been charged with the murdering Sherry. They have been remanded in custody and are due back in court later this month.
Earlier this week, a man aged 18 was also arrested and later released from Garda custody pending a file to the Director of Public Prosecutions.
A fifth male, in his teens was arrested on Friday and has been detained for questioning.
Reporting by Tom Tuite
