A Leaving Certificate student from Corduff Park, Corduff, identified as Noah Musueni, who stands accused of the murder of Tristan Sherry, a gunman who himself took the life of a man in Blanchardstown’s Browne’s Steakhouse on Christmas Eve, is being arraigned before the Special Criminal Court, bypassing a jury trial. Despite the fact that he was underaged at the time of the crime, the court made no restrictions on revealing his identity in the media as he has since celebrated his 18th birthday.
Tristan Sherry, aged 26, was knifed just minutes after fatally shooting a 48-year-old man, Jason Hennessy, who later passed away in the hospital on the 4th of January. It has been reported that Noah is one of the four men accused of causing a severe blunt force trauma to Tristan Sherry, leading to his demise.
Noah, while coping with this charge, is poised to sit for his Leaving Certificate exams and according to reports, plans to fully contest the charge against him. He was officially served with a book of evidence by Det Gda Tom McCarrick.
In a statement from a State prosecutor to Judge Shalom Binchy, it was mentioned that the Director of Public Prosecutions (DPP) recommended Noah’s trial before the Special Criminal Court. The DPP has also furnished a certificate under section 46.2 of the Offences Against the State Act, affirming the belief that the case was beyond the scope of ordinary courts for its effective dispensation. Judge Binchy granted a return-for-trial order.
The Court also issued instructions to Noah that he must disclose of any intentions to use an alibi during the trial. The judge warned him about adhering to bail conditions and also granted the right to legal aid, including representation from a senior counsel. The court is awaiting a date to commence the trial in the Special Criminal Court. This is the first homicide case from this investigation to reach this phase.
Defence Barrister Doireann McDonagh, working alongside solicitor Simon Fleming, put forward an argument for their client, an ambitious teen with desires to enter university for engineering, to continue his right to anonymity under clause 93 of the Children Act. This act, however, exclusively protects individuals below the age of 18, a threshold the defendant had recently crossed.
Urge to retain the anonymity was brought up amidst the court proceedings, even though McDonagh admitted there was no legal precedent for such a request. A recent appeal court verdict from January reflected the same, that this safeguarding measure applies solely to minors as per the Act’s definition. McDonagh, though, highlighted that ongoing anonymity had been maintained in this case, pending a potential challenge in the Supreme Court.
Notwithstanding, the State stood firm against the defence’s request in Tuesday’s session in Mr Musueni’s case. It proposed that upon reaching the age of 18, the legislation doesn’t provide any enactment to halt the identification of the accused.
Judge Binchy, who had previously green-lighted the trial, declined the appeal for imposing reporting restrictions due to the lack of any legal support. Earlier this year, amid a High Court session, Mr Justice Tony Hunt drew comparisons with an underworld scenario and forfeited the youngster’s request for bail.
Conversely, a successful appeal later resulted in the young man receiving bail, contingent on certain stipulations like a curfew, relinquishing his passport, twice-weekly reporting at a Garda station and staying clear of several specified figures.
Currently, three adult males are on trial in connection with Sherry’s homicide. Further individuals, including another minor and four adults, are charged with various offences ranging from violent disruption, weapon production during the incident, to assault. Among them, one man stands accused of a firearm-related offence after it was alleged that he removed the gun Sherry used, from the dining venue.