Waterford man jailed for shooting another man appeals his conviction

Lawyers for a gunman who was jailed for eleven and-a-half years for shooting another man in the chest have appealed his conviction, arguing that a garda who entered his residence in Waterford, without a warrant, breached his constitutional rights.

In July 2021 at Waterford Circuit Criminal Court, Gavin Ryan, aged 34, of Mount Suir Apartments, Gracedieu, Waterford, was convicted of shooting Clifford Power twice in the chest at Gracedieu in December 2019, leaving him with "life-threatening injuries".

Mr Power underwent life-saving surgery for his wounds.

Ryan had 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 of sale or supply on December 23, 2019.

However, a jury found him guilty on all four charges and on November 25, 2021, Judge Eugene O’Kelly sentenced Ryan to 13-and-a-half years in prison with the final two years suspended.

At the Court of Appeal, Colman FitzGerald SC, for Ryan, submitted that a garda who entered Ryan’s residence before any search warrant had been granted breached the appellant’s constitutional rights.

In the aftermath of the shooting, Garda TJ Coughlan, among other gardaí, carried out door-to-door inquiries at the apartment block where the shooter was thought to have fled.

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The trial heard that Ryan had been captured on CCTV at the shop buying an ‘Innocent’ brand orange drink and a Muller yoghurt later discovered at his address.

The trial heard that Garda Coughlan attended 15 to 20 addresses at the apartment block and that when he reached Ryan's home the door was open. He identified himself as a garda before he entered the premises, where he saw an ammunition box and drug paraphernalia.

Garda Coughlan told colleagues of what he had seen and this was relayed to a sergeant who then applied for a warrant to allow a search of the apartment.

The trial heard that gardaí were able to trace Ryan’s movements after the shooting, from Waterford, to Carrick-on-Suir and then onto Dublin, where he was arrested on December 24 at an Ibis hotel. The firearm was never recovered.

The search of the apartment carried out under warrant revealed a bullet in a bedside locker which matched the spent cartridges from the scene, multiple documents in the name of Gavin Ryan, together with photos of the appellant and amphetamines valued at €1,680.

Counsel for Ryan submitted that the trial judge “erred in ruling admissible evidence which was the result of an entry and search of the appellant’s home conducted without a warrant in breach of his constitutional rights”.

It was further submitted on behalf of the appellant that the items found during the course of the search under the District Court warrant were procured on foot of information that was unconstitutionally obtained.

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Alice Fawsitt SC, for the State, submitted that gardaí were making door-to-door inquiries in the hours after the shooting.

“The shooter, who had run back into the apartment complex with a firearm, had not been located, nor had the firearm. Gardaí found the apartment open and did not know who resided there or what had occurred in the time after the shooter returned into the apartment block.

“Gardaí made the minimum requirements necessary to establish there was no immediate risk or issue with any person potentially therein being injured,” submitted counsel.

“The actions of the relevant gardaí were entirely appropriate, lawful and proportionate to the very unusual situation that presented. In the circumstances, there was no breach of the appellant’s constitutional rights as alleged, or at all,” submitted Ms Fawsitt.

“Here, there is clear evidence that the material that gave rise to the suspicion leading to the search warrant was obtained unconstitutionally,” said Mr FitzGerald.

Mr FitzGerald said there was “no basis” that Garda Coughlan could have “realistically have bona fide believed the life and limbs of anybody were at risk”, as there was nobody in the flat.

Mr Justice Patrick McCarthy said the court would reserve its judgement in the case.