A 25-year-old accused of attacking gunman Tristan Sherry in the Dublin 15 restaurant where he suffered fatal injuries on Christmas Eve was acting “in self-defence”, a court has heard.
Mr Sherry was attacked after opening fire in Browne’s Steakhouse, Blanchardstown on December 24th last. He later died of his injuries. Jason Hennessy Snr (48) was wounded during the incident and died several days later in hospital.
Wayne Deegan, who is accused of attacking Mr Sherry, violent disorder and producing a knife as a weapon during the incident, was refused bail when he appeared before Judge Alan Mitchell at Cloverhill District Court on Friday. Two other men have been charged with Mr Sherry’s murder.
Det Garda Sean Kelly objected to bail for Mr Deegan, citing the seriousness of the offence and witness 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.
The court heard one of the gunmen fled but Mr Sherry was grabbed and subjected to a “sustained attack” for five minutes by a number of people. It was alleged that Mr Deegan kicked him in the head several times.
Det Garda Kelly agreed with defence solicitor Sandra Frayne the case was based on CCTV evidence, “the accused claimed he acted in self-defence” and that there was no evidence Mr Deegan 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 has had a devastating effect on her client and his family.
The solicitor submitted that Mr Deegan was on disability benefit and on medication and there was no evidence he would commit a further offence or not turn up for court hearings. She said he would also abide by stringent bail terms.
The judge accepted defence submissions on several points, and ruled against some of the objections to bail, but held that the garda had established grounds to deny the application. He remanded Mr Deegan in custody to appear in court again on January 26th.
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