Two teenagers jailed for murder of Tristan Sherry
Eoin Reynolds
Two teenagers have been jailed for nine years each for the "brutal" murder of gunman Tristan Sherry, who was beaten to death after he shot and fatally wounded gangland figure Jason Hennessy snr in a busy restaurant on Christmas Eve two years ago.
Before their trial commenced last year, the High Court ruled that a law requiring that the pair face a mandatory term of life imprisonment should they be convicted and reach the age of 18 before their sentencing hearing was unconstitutional.
They are also the first two defendants to be sentenced after a landmark Supreme Court ruling earlier this year that a life sentence is not mandatory in the case of child murderers and should only be used in exceptional cases.
Three others, including Hennesy snr's son, Brandon Hennessy (22), were jailed for a combined eight years and four months for violent disorder during the attack on Sherry.
A trial, which took place last year, heard that Tristan Sherry and a second gunman dressed all in black and with their faces covered, entered Browne's Steakhouse in Blanchardstown at about 8pm on Christmas Eve, 2023, where Jason Hennessy Snr and about 30 others had gathered for a party.
Sherry shot Hennessy snr before Hennessy snr dragged the gunman to the floor. Within seconds, Hennessy collapsed while other of his party set on Sherry. Three of them inflicted 16 stab wounds, 11 incised wounds and blunt force injuries that caused his death and were found guilty of murder following a trial last year. Three others were convicted of violent disorder arising from the same incident.
David Amah (19) of Hazel Grove, Portrane Road, Donabate was convicted of murder along with an 18-year-old accomplice who cannot be named as he was a minor when he came before the court.
Michael Andrecut (23) of Sheephill Avenue in Blanchardstown was also convicted of murder and, as he was an adult at the time of the offence, he was previously sentenced to the mandatory life term.
Mr Justice Kerida Naidoo today sentenced Amah and his unnamed accomplice to 12 years with the final three years suspended. He noted that both were 17 at the time of the offence and therefore not subject to the mandatory life term. Mr Justice Naidoo said probation reports put both at a low risk of reoffending.
Mr Justice Naidoo accepted that all the accused found themselves in an "extreme situation" created by Sherry and the second gunman. There was no premeditation on their part, and none of them brought weapons to the scene.
However, he added that the court must deter others from the "misguided belief that the kind of unlawful violence engaged in on the night can ever be justified".
In relation to both murder defendants, he said Sherry was disarmed and on the ground, posing no threat to them when they attacked him. Amah repeatedly stamped on and stabbed Sherry using a knife that was handed to him by someone else. Following the initial attack, Amah took out his phone and appeared to video himself stamping on Sherry.
Mr Justice Naidoo referenced the recent Supreme Court ruling, which states that a life sentence should only be considered for children convicted of murder if there is evidence of premeditation, luring, exploitation of known vulnerabilities, attempts to conceal guilt, sexual violence, or particularly brutal violence.
Mr Justice Naidoo said none of those factors were present in the cases of Amah or his co-accused. Though the violence was "serious and brutal", Mr Justice Naidoo said it was not of the kind meant by the Supreme Court.
The judge considered the defendants' ages and other mitigating factors, including positive probation reports. He said he would suspend three years of the sentences to incentivise rehabilitation.
Brandon Hennessy, the judge said, struck Sherry with a brush while Sherry was disarmed on the ground and under the control of people surrounding him. He did not act in self-defence, the judge said.
The judge also noted that Hennessy has a previous conviction for a drugs offence. The judge accepted that the killing of his father was a mitigating factor in Hennessy's favour.
Mr Justice Naidoo sentenced Brandon Hennessy of Sheephill Avenue, Dublin 15, to four-and-a-half years with the last six months suspended for one year.
Jonas Kabangu (19) of Corduff Park, Blanchardstown received a sentence of four years in prison with the final 12 months suspended for two years.
Mr Justice Naidoo sentenced the third violent disorder defendant, an 18-year-old who also can't be named, to two years and four months, with the final year suspended for two years.
At the beginning of the hearing, Mr Justice Naidoo said it would be remiss not to mention the death of Jason Hennessy snr. He said the court would not speculate on why he died in the manner he did, but said he was undoubtedly loved by his friends and family. The judge also noted that when Sherry entered the restaurant, Hennessy snr was holding a baby. His first instinct when confronted by the gunman was to get the child out of harm's way, the judge said.
Outside court, Det Supt Paul Murphy said this "extremely violent incident occurred while people were celebrating Christams with their families, including children." He said the sentences handed down by the Special Criminal Court were a clear message to anyone involved in organised crime or criminal activity.
He said he would like to reassure the public in the greater Blanchardstown area that An Garda Siochana does not tolerate organised criminal behaviour and are working every day to keep people safe.
He also appealed to young people in the community, reminding them that the leaders of criminal gangs will exploit them and increase the risk of violence to those young people and their families.
