Man serving life for Christmas Eve steakhouse murder fails to overturn conviction

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 an attempt to overturn his conviction.

The Court of Appeal on Monday rejected an appeal by Michael Andrecut (24), one of three people 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, son of the deceased man Jason Hennessy snr, took issue with the manner in which the prosecution identified his client on CCTV footage, his lawyers argued.

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 he dragged the gunman to the floor. Within seconds, Hennessy snr collapsed while other members of his party set upon 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.

Andrecut, of Sheephill Avenue in Blanchardstown, was sentenced to the mandatory life term for murder.

Hennessy, also of Sheephill Avenue, was jailed for 4½ years with the final six months suspended.

Passing judgment, Judge Paul Burns, sitting with Judge Patrick McCarthy and Judge John Edwards, noted Andrecut contended 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”.

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, noting that Garda witnesses who identified Brandon Hennessy at trial were not challenged by the defence in cross-examination.

Burns noted that Brandon Hennessy had also appealed his sentence, but said it would be an “issue for another day”.