A HIGH COURT judge hearing the bail application of a Dublin youth accused of murdering gunman Tristan Sherry has said he had to consider the risk to other children if he was “blithely” released and let return to school.

The boy, 17, is the third and youngest person charged with the murder of Sherry, 26, who was killed after he fatally injured Jason Hennessy Snr, 48, in a Christmas Eve shooting at a Dublin restaurant.

The boy, who cannot be named because he is a minor, was remanded to the Oberstown Children Detention Campus on 12 January following a brief hearing.

Gardaí objected to his bail application, which came before Mr Justice Tony Hunt at the High Court in Cloverhill today.

Garda Tom McCarrick objected to bail, and the hearing was told Sherry died from blunt force head trauma at Browne’s Steakhouse in Blanchardstown.

Garda McCarrick said it was alleged the teen ran to the toilets when two gunmen entered, and he then tried to get out a fire exit, which was locked.

The court heard he went back to the toilet but came out two minutes later and allegedly got involved in the attack on Sherry.

The garda agreed that the attack had commenced and that Sherry had been disarmed before the teen returned to the main part of the restaurant.

The boy, accompanied to court by his mother, has an automatic right to anonymity because he is under 18, and mandatory reporting restrictions under the Children Act apply.

The court heard that when interviewed, the teen told investigating officers that he was “in fear”.

The garda also said the two guns had not been recovered, and the second shooter has yet to be arrested.

The teen was accompanied to the proceedings by his mother, who confirmed her son could come home if bail were granted.

However, cross-examined by Kitty Perle BL, for the State, she said she had not known where he was on Christmas Eve.

Ronan Prendergast said the mother would lodge €1,000, a significant sum for her, and the teen could surrender his passport and obey conditions. The boy did not address the court.

One part of the bail objection focussed on concerns that releasing him would endanger others and the community.

The court also heard he wanted to return to school and evening study.

However, Mr Justice Hunt said, “You have another thing coming” if it were “blithely” suggested letting the teen walk back to school “wandering in and out of classrooms” after what had occurred.

The defence, in reply, said the teen would make other educational arrangements.

Mr Justice Hunt said he intended to view the CCTV evidence before ruling on the teen’s application later this week. The footage was not shown in open court because of an ongoing Garda investigation.

At his first hearing, Garda McCarrick said the boy “made no reply to the charge after caution”.

Sherry was killed after shooting Jason Hennessy Snr, who passed away in hospital on 4 January.

Two men were charged earlier with the murder of Sherry; two others face related charges. Three of them remain in custody on remand.

Co-defendants David Amah, 18, of Hazel Grove, Portrane Road, Donabate, Dublin and Michael Andrecut, 22, with an address at Sheephill Avenue in Dublin 15, have been charged with the murder of Sherry.

Wayne Deegan, 25, of Linnetsfield Avenue, Phibblestown, Dublin 15, was charged with producing a knife as a weapon during an offence, assault causing harm to Tristan Sherry, and violent disorder by using or threatening to use violence with David Amah and Michael Andrecut.

Last week, Jonas Kabangu, 18, was also charged with engaging in violent disorder in the restaurant on 24 December by using or threatening to use violence with two co-defendants, Wayne Deegan and the 17-year-old boy. His address cannot be reported due to security concerns.

He has been granted bail pending directions from the Director of Public Prosecutions (DPP).