A man serving life in prison for the murder of gunman Tristan Sherry, who fatally shot gangland figure Jason Hennessy Snr three years ago, has failed in a bid to overturn his conviction.
The Court of Appeal has today rejected an appeal by Michael Andrecut (24), one of three convicted of Sherry’s murder on Christmas Eve 2024. It also rejected an appeal by Brandon Hennessy (23) against his conviction for violent disorder arising from the same incident.
Andrecut’s barristers argued that the trial court had not given enough consideration to the element of provocation, as Andrecut had just witnessed the fatal shooting of someone very close to him. Hennessy, the son of deceased man Jason Hennessy Snr, took issue with the manner in which the prosecution identified his client on CCTV footage, his lawyers argued.
Jason Hennessy Sr with family members in 2021.
A Special Criminal Court trial, which took place in 2024, heard that Tristan Sherry and a second gunman – who were dressed all in black and had their faces covered – entered Browne’s Steakhouse in Blanchardstown at about 8pm on Christmas Eve, 2023. Jason Hennessy Snr and about 30 others had gathered there for a party.
Sherry shot Hennessy Snr before Hennessy Snr dragged the gunman to the floor. Within seconds, Hennessy Snr collapsed while other members of his party set on Sherry. Three of them inflicted 16 stab wounds, 11 incised wounds and blunt force injuries that caused his death.
Those three, including Andrecut, were found guilty of murder following a trial. Three others, including Brandon Hennessy, were convicted of violent disorder arising from the same incident.
Brandon Hennessy.(Image: Collins Photo Agency, Dublin)
Andrecut, of Sheephill Avenue in Blanchardstown was sentenced to the mandatory life term for murder. Hennessy, also of Sheephill Avenue, was jailed for four and a half years with the final six months suspended.
Passing judgment today, Mr Justice Paul Burns, sitting with Mr Justice Patrick McCarthy and Mr Justice John Edwards, noted Andrecut contended that that the three-judge Special Criminal Court “misdirected itself” by finding that the defence of provocation was “rebutted beyond reasonable doubt”.
His lawyers had argued Andrecut acted in a “visceral, instinctive way” to a “sudden murderous attack” – while the prosecution contended Andrecut’s actions, as shown on the CCTV, showed “controlled decision-making”, the appeal court noted.
The Court of Appeal found that in relation to the arguments on provocation, there was “no basis for alleging, let alone concluding, that the findings of fact by the trial court were perverse”.
Andrecut’s legal team also said the trial court had gone through the CCTV evidence before it “frame by frame” and said it “considered the footage at normal speed”, the ruling noted.
It was submitted that the court “should only have watched and considered the footage at normal speed and not at some slowed-down speed or frame by frame”, the court noted.
“We do not see how such an approach can be open to criticism,” Mr Justice Burns said, calling it “exactly what one would expect” of a conscientious jury or panel of judges to do with CCTV. The court dismissed Andrecut’s appeal.
In Brandon Hennessy’s submissions, his lawyers argued that it was fundamentally unfair for the prosecution not to call direct oral evidence from Garda witnesses who had identified him on the CCTV footage.
The Court of Appeal found there was “an air of unreality” to this point of appeal. It noted that a number of garda witnesses were called at trial did identify Brandon Hennessy, and were not challenged on it by the defence in cross-examination.
“The failure to pursue such a course was presumably a tactical decision made by experienced counsel and probably for good reason,” the court found.
There was “no basis for alleging any unfairness in the trial process, particularly as regards identification evidence, and so we dismiss the appeal”, the court found.
Mr Justice Burns noted that Brandon Hennessy had also appealed his sentence, but said it would be an “issue for another day”.
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