Courts / Waterford / Report

Jailed shooter argues home was searched unconstitutionally

Summary

Gavin Ryan, convicted of shooting Clifford Power twice in the chest in Gracedieu, Waterford, in December 2019, has appealed his conviction at the Court of Appeal. Ryan, who pleaded not guilty to possessing a firearm with intent to endanger life, assault causing serious harm, possession of ammunition, and possession of amphetamines with intent to sell or supply, was found guilty on all four counts by a jury. On November 25, 2021, Judge Eugene O'Kelly sentenced him to 13.5 years in prison, with the final two years suspended. Ryan's legal team argues that a garda entered his residence without a warrant, breaching his constitutional rights, and that evidence obtained from this entry was inadmissible. They contend the garda had no bona fide belief that anyone was at risk. The State's counsel countered that the entry was lawful and proportionate, as gardaí were conducting door-to-door inquiries for a fleeing armed shooter and found the apartment open. The search later conducted under a warrant revealed a bullet matching the scene, documents, and amphetamines. Justice Patrick McCarthy reserved his judgment, meaning the matter was adjourned and not concluded.

Who, what, where, when and why

What: Report matter: Jailed shooter argues home was searched unconstitutionally. Charges or matters: shooting Clifford Power twice in the chest at Gracedieu in December 2019, leaving him with "life-threatening injuries"; possessing a firearm with intent to endanger life, assault causing serious harm, possession of ammunition and possession of amphetamines with intent of sale or supply on December 23, 2019. Procedural stage: appeal. Findings: Convicted

When:

• July 2021 Hearing Or Sentence
• December 2019 Incident
• December 23, 2019 Incident
• November 25, 2021 Incident
• December 24 Incident
• 2024-05-09 Publication

Case subjects

Places mentioned

Topics

Stage Appeal Violent Crime

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Read the original CNI report