Two men accused of murdering gunman Tristan Sherry after he fatally shot a man in a Dublin restaurant on Christmas Eve have been denied bail.
David Amah (18), of Hazel Grove, Portrane Road, Donabate, Dublin, and Michael Andrecut (22), of Sheephill Avenue in Dublin 15, have been charged with murder.
Mr Sherry died after sustaining "blunt force trauma to the head" in Browne's Steakhouse in Blanchardstown after shooting Jason Hennessy Snr, who died in hospital 11 days later.
Mr Hennessy (48) had been having dinner with family and friends before the gun attack.
The pair appeared before Mr Justice Tony Hunt at the High Court via video-link on Wednesday to apply for bail. However, the judge denied their application following a lengthy hearing.
Detective Sergeant Mark Murphy agreed with Kitty Perle BL, for the State, that Mr Sherry died from blunt force trauma to the head.
He alleged the pair were in the restaurant when two gunmen entered and started shooting.
Mr Sherry and Mr Hennessy fell to the ground, and the was firearm dropped, the court heard. It was ultimately picked up and removed by another person.
Several people attacked Mr Sherry with kicks and beat him with chairs and an iron bar, the judge was told, and he was also stabbed in a "sustained attack" which lasted five minutes.
The court heard the attack continued after the gun was removed.
'Fight or flight'
It was claimed Mr Andrecut struck Mr Sherry 50 times during the incident, repeatedly kicking and hitting him over the head. The court also heard Mr Andrecut allegedly stabbed the deceased in the face with an iron bar.
It was further alleged that at one point, Mr Andrecut walked away but returned and kicked Mr Sherry's head while appearing to be recording on his mobile phone.
The bail hearing was told that Mr Andrecut was asked in his garda interview how he felt, and he answered "terrible," but added that it was "natural instinct" and "fight or flight", adding that he was in shock.
However, the officer claimed the video evidence dismissed the flight for flight rationale.
The court heard Mr Andrecut's passport was found in a bag on top of a dog cage in the kitchen at his home, with gardaí voicing concern that he would abscond.
The court heard that Andrecut was Irish, but his parents were Romanian. His mother had not been to Romania in several years, and the defence submitted that Mr Andrecut had limited ties to that country.
He lived with his family in Dublin and worked in construction.
His barrister, Aoife O'Leary, said he would be raising the issue of self-defence.
The detective sergeant agreed that Mr Andrecut had told him he did not know the gun had been taken from Mr Sherry.
The court heard that Mr Amah repeatedly punched Mr Sherry and an object, believed to be a knife, could be seen in his hand.
It was also alleged he kicked and stamped on Mr Sherry, and appeared to take a video as he kicked him.
He told gardaí he did not know the firearm was gone, adding that he was frightened of the gunman and felt Mr Sherry was a threat.
He claimed in his garda interview that he panicked and felt his life was in danger.
However, Sgt Murphy said the gun had been removed, of which he alleged Mr Amah was aware, but continued to attack the decreased.
The Garda told the court that Mr Amah had a transient lifestyle and was sitting with family and friends.
Questioned by defence counsel Oisin Clarke, Sgt Muprhy agreed the accused presented himself to a Garda station by appointment.
Mr Clarke highlighted that Mr Amah, who has an Irish and an expired Nigerian passport, was a minor at the time of the incident.
The court heard the paid wished to Mr Hennessy's funeral, each offering €5,000 bail.
However, Sgt Murphy said Gardaí fear the pair would abscond if granted bail, or present a risk to the second gunman, who remains at large.
He also raised public safety concerns in the instance of case any "reprisals attacks".
Refusing bail, Mr Justice Hunt said he doubted many would have sympathy for Mr Sherry, but described the footage, which was not played in open court due to the ongoing Garda investigation, as "worrying", noting the gun had been removed in the melee.
The judge said Mr Andrecut had a significant incentive to avoid the consequences of the incident, adding that the plea based on his age was limited.
