‘draconian’ | 

Men accused of flying drones too close to Dublin Airport launch High Court challenges

The two separate actions, where similar legal points are raised, have been brought by Ainis Guzauskas and Eric Brils

Today at 09:44

Two men due to be tried before the criminal courts for allegedly flying their drones too close to Dublin Airport have launched High Court challenges against the constitutionality of the Act under which they are charged.

The two separate actions, where similar legal points are raised, have been brought by Ainis Guzauskas and Eric Brils.

They claim that if they are found guilty of offences under the 1975 Air Navigation and Transport Act they cannot get a suspended sentence from the courts.

Section 6 of the Act, expressly prohibits any suspension of any sentence they might receive or the application of the Probation Act, they claim.

This, they say, amounts to “a disproportionate” and “draconian” interference with their personal rights to a fair trial and is unconstitutional.

Section 6 of the Act, it is also submitted, does not display the rational connection between the gravity of the offence and the requirements of justice.

They claim that while mandatory minimum sentences are permissible under Irish law, they must be all capable of meeting the justice of each and every case where they apply.

Incidents in which drones were detected flying near Dublin Airport led to flights to be grounded on several occasions last year, causing disruption to passengers.

The airport has subsequently brought in a system that can detect and take down drones.

Mr Guzauskas, a furniture mover of Ridgewood Close, Swords, Co Dublin, is charged before the Circuit Criminal Court under section 3 of the 1975 Air Navigation and Transport Act for flying his drone near the airport on July 2, 2022. It is alleged that his activity unlawfully and intentionally interfered with the operation of air navigation at the airport.

Mr Brils, a company employee, of Holywell Dale, Swords, Co Dublin, is facing a similar charge for allegedly flying his drone near the airport on January 24, 2023.

Counsel said that the 1975 Act is legislation that was enacted almost 50 years ago, and is designed to deal with offences that were prevalent at that time such as “aircraft hijackings”.

The applicability of activities in the relevant part of the 1975 Act to “drones piloted by hobbyists” was not something that was contemplated by the Oireachtas, they further submit.

In their judicial review proceedings against the Director of Public Prosecutions, Ireland and the Attorney General, the applicants seek various orders and declarations from the court.