Victim was father figure to murder accused, court told

Jason Hennessy Snr, who was fatally wounded when he was shot in a busy restaurant last Christmas Eve, was a father figure known as "Daddy J" by one of the young men accused of murdering his killer, the Special Criminal Court heard today.

Michael Andrecut, 22, one of three men on trial accused of murdering gunman Tristan Sherry, told gardaí following his arrest that he loved Hennessy snr and that Hennessy loved him like a son.

He said he was "good to me in every way", that he took him under his wing and they naturally "clicked".

Mr Andrecut said he would rather he was shot than Hennessy, and said: "If I could, I would have jumped in front of him."

After seeing Hennessy being shot, Andrecut said he went into shock and that he reacted out of a "fight or flight" instinct.

The court has heard that Hennessy snr and a group of about 30 people had gathered in Browne's Steakhouse in Blanchardstown on 24 December last year for a party when Sherry and a second gunman arrived.

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

Det Sgt Mark Murphy today told prosecution counsel Fiona Murphy SC that he arrested Mr Andrecut on 29 December last year at the accused man's home. In a patrol car on the way to Blanchardstown Garda Station, Det Sgt Murphy said Mr Andrecut "blurted out": "I know how serious this is. He's my father, not biological but he raised me. I love him, he raised me."

During his first interview at the garda station, Mr Andrecut explained that his real father had not been around since he was eight years old. He described Hennessy as "my Da, Daddy J" who "loved me like a son" and was "good to me in every way".

He said Hennessy did "everything" for him, adding: "I would be able to bawl my eyes out in front of him and there would be no problem... I would be able to tell him anything."
He described the Hennessy brothers as his brothers and their mother as "like a second ma to me".

On the night that Hennessy died, Mr Andrecut said the group arrived at Browne's for what he described as a "family dinner". The seating was not arranged, he said, and he couldn't remember if they chose where to sit or if they were brought there by staff.

When the gunmen entered, Mr Andrecut said he was "terrified" and that his natural instincts kicked in. "Fight or flight, do you get me?" he said.

He said he remembered hearing a loud bang and said: "I looked and seen me da shot. I didn't know what to do. I felt terrible man, seeing my own dad dead in front of me." He initially hid, he said, believing that the gunman was "going to kill all of us".

When he saw Hennessy on the ground, he told the others: "We have to grab him."
He added: "I couldn't leave him there, me da! I couldn't leave him there. I couldn't go running out, it would have killed me."

When asked why he attacked Sherry, he replied: "I don't know, fight or flight, it's natural instinct." When asked for his reaction having viewed CCTV footage of the incident, Mr Andrecut said he was "just in shock".

He accepted that he kicked Sherry, saying it was natural instinct and that he thought Sherry still had the gun. He said he now has sympathy for Sherry and when asked if he would change anything if he could go back in time, he said: "I would rather me get shot than him [Hennessy]. If I could I would have jumped in front of him."

Gardaí put a number of questions to Mr Andrecut relating to a black metal bar, a wooden chair, a black hunting knife and a table knife that the prosecution alleges were all used in the murder of Tristan Sherry.

Using a special provision that allows the court to draw inferences where an accused person fails to answer a question, they asked him to account for his possession of those items during the assault on Sherry. Mr Andrecut responded that he had already said everything he had to say in his previous interviews.

Mr Andrecut's barrister Dominic McGinn SC will argue tomorrow that the inference interviews should not be admitted into evidence by the court.

The trial is overseen by Mr Justice Kerida Naidoo, Judge Elma Sheahan and Judge James Faughnan.

The three men charged with Sherry's murder are Noah Musueni, 18, Corduff Park, Blanchardstown; David Amah, 18, Hazel Grove, Portrane Road, Donabate, Dublin; and Michael Andrecut, 22, Sheephill Avenue, Blanchardstown.

Jonas Kabangu, 18, Corduff Park, Blanchardstown and 18-year-old Diarmuid O'Brien of Corduff Place, Blanchardstown are charged with violent disorder at the same location on that date.

Brandon Hennessy, 21, of Sheephill Avenue, Dublin 15 - the son of Jason Hennessy snr - is also charged with violent disorder.