A FORMER international boxer who burst into a businessman's house with a loaded shotgun and was then shot twice by a garda has been jailed for eight years.
Kevin Lynch did not know two armed detectives wearing bullet proofjackets had already taken up position in the home of cigarette vending machine distributor, Mr James Fitzpatrick, at Lispopple, Swords.
Judge Cyril Kelly said Lynch (29) took part in a very professionally organised crime in which he and two cohorts wore dark clothes, were masked, and had socks over their shoes.
He pointed a loaded shotgun at a garda and was then shot while his companions engaged in a gun battle with another garda before escaping. Nobody else has been charged since. "It is worth noting that while in hospital, or since then, he has made no admissions whatever about this very serious offence," Judge Kelly added.
Lynch, of Raheen Drive, Ballyfermot, pleaded guilty to having the shotgun with intent to endanger life on March 21st, 1996, and to aggravated burglary on the same occasion.
Det Supt Cormac Gordon told Mr Eamonn Leahy, prosecuting, that the house had a good alarm system and, seconds after a security buzzer indicated there was a breach at the front, a masked man pointing a pumpaction sawnoff shotgun kicked in the door and burst in shouting, "Get down on the fucking floor".
Det Garda Joe White, who was in the kitchen, identified himself as an armed garda but Lynch pointed the shotgun at him and fell when he was shot twice by the garda in the arm and shoulder.
Supt Gordon told Dublin Circuit Criminal Court there were five rounds in the shotgun and the safety catch was off. Two more masked raiders were spotted in the hallway. One had a handgun, which he pointed at Del Garda Tony Wilkinson as they turned and fled. Del Wilkinson dived to the ground outside as a single shot was fired at him and he replied with two rounds.
Supt Gordon said one of the fleeing men was heard to shout "shoot him, shoot him, kill him" referring to Del Wilkinson, who hurt his shoulder when taking cover. Up fo 10 more rounds were fired before they fled, leaving the injured Lynch behind.
One of the gardai said an Act of Contrition in Lynch's ear and he was given first aid while they waited for an ambulance. He was asked how many guns the gang had and replied: "I had the pump and we had a handgun as well." Lynch believed he might die as a result of his wounds. He was detained in hospital until April 4th, 1996, for treatment to his right arm and upper chestshoulder.
He was arrested upon release but made no admissions during questioning, and had been in custody since his arrest. The Fitzpatrick family had made a good recovery from the shock of the event.
Judge Kelly heard character evidence for Lynch from amateur boxing personnel John Dutton, Christopher Rock and Michael Holmes, and art gallery owner, Ellen Gillespie, who has bought works he painted in prison.
Mr Rock described Lynch as "an ambassador for boxing". He told Mr Michael O'Higgins, defending, that Lynch won four national titles and represented Ireland at home and abroad. He be came depressed and began drinking heavily after shattering his hand, which had never recovered fully.
Mr O'Higgins said Lynch realised he had brought "deep shame" on his family as a result of the widespread media publicity the case had attracted, and he regretted this.