Jason Hennessy Sr was holding toddler in his arms when gunman entered restaurant to shoot him, court hears

A Dublin criminal was holding a toddler in his arms as he celebrated at a Christmas Eve party in a popular steakhouse when a gunman entered and shot him dead, a court has heard.

The three-judge Special Criminal Court heard evidence on Monday in the case of 18-year-old Jaures Kumbu, who pleaded guilty to removing the firearm used by Tristan Sherry to shoot Jason Hennessy Snr at Browne's Steakhouse in Blanchardstown on December 24 last year.

In asking the court to be as lenient as possible, Kumbu's defence counsel said it could be argued that there was some merit in the defendant's removal of the gun from a "chaotic" situation in which one person had already been shot dead.

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Mr Sherry would later die from injuries sustained during a violent outbreak immediately after the shooting. Six men are due to go on trial on Tuesday for offences relating to Sherry's death.

Detective Garda Shane Guinan showed the court CCTV footage to explain Kumbu's role on the day. Detective Garda Guinan told prosecuting counsel Fiona Murphy SC that Hennessy and a group of people were at a party in the steakhouse when Tristan Sherry and a second man arrived, both carrying firearms.

Sherry, wearing a baseball cap, approached Hennessy Snr, who had a "very young toddler in his arms". The footage showed Hennessy placing the child into a booth before grappling with Sherry. Both men ended up on the ground, Hennessy having already suffered the fatal gunshot wound. The firearm ended up on the ground before another man took it and placed it on a table, the Garda said.

Kumbu bent down to assist Hennessy but then picked up the firearm and held it inside his tracksuit top. Detective Garda Guinan said a number of people removed Hennessy from the scene while Kumbu left with the firearm. The gun has never been found.

Ms Murphy submitted that the offence lies in the mid-range, carrying a headline sentence of between seven to ten years. Kumbu, of Brookhaven Grove, Blanchardstown, pleaded guilty earlier this year that on December 24, 2023, at Browne's Steakhouse on Blanchardstown Main Street, he had in his possession a sub-machine gun in circumstances giving rise to the reasonable inference that he did not have it for a lawful purpose.

Garret Baker SC, for Kumbu's defence, said his client's parents are from the Democratic Republic of the Congo. He was born in Ireland and grew up in Blanchardstown as one of five siblings. He did not complete his Leaving Certificate and has no work history.

The presumptive minimum sentence for the offence is five years in prison but Mr Baker asked the court to depart from that given Kumbu's guilty plea, his age and the lack of premeditation. He said a remarkable feature of the case is that Kumbu did not bring the firearm to the scene and was "completely oblivious to what was about to unfold". He added: "He was there to enjoy a meal on Christmas Eve when the unthinkable happened."

Sherry, on the other hand, had brought the firearm "with the express intention of murdering one of the accused's [Kumbu's] own party and that, tragically, is what happened". While Sherry also lost his life, Mr Baker said Kumbu did not engage in any violence at the scene and attempted to assist Jason Hennessy. When the gunmen first appeared, Mr Baker said CCTV shows Kumbu initially hiding under a table. "He was himself probably terrified just like every other person," counsel said.

Mr Baker accepted that his client should have brought the weapon to a Garda station but, he said, it could be argued that there was some merit in Kumbu removing the gun from a "chaotic" situation in which one person had already been shot dead.

Mr Baker asked the court to be as lenient as possible in sentencing. Mr Justice Kerida Naidoo, presiding, adjourned sentencing until December 2.

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