A charge brought against a drone user accused of interfering with the operation of Dublin Airport is not correct, his solicitor told a court.
Ainis Guzauskus (41) is accused of an offence under section three of the Air Navigation and Transport Act 1975, unlawfully and intentionally interfering with the operation of an air navigation facility, Dublin Airport, by flying a DJI Mavic mini 2 drone, on July 2nd, 2022.
The father of two, from Ridgewood Close, Swords, Co Dublin, appeared again before Judge Treasa Kelly at Dublin District Court on Tuesday and was due to enter a plea.
The Director of Public Prosecutions (DPP) has directed "trial on indictment", so Mr Guzauskus would face a jury trial in the Circuit Court with broader sentencing powers if he contested the case. However, the DPP consented to the case staying in the District Court "on a plea of guilty".
Earlier, the defence had asked for an adjournment to seek counsel's advice and opinion about Irish Aviation Authority statutory instruments before entering a plea.
'Not the correct charge'
On Tuesday, defence solicitor Donal Quigley said the same issue has arisen in an unrelated case involving another man, Eric Brills, charged with the same type of offence.
Mr Quigley, also instructed in the separate prosecution, said: "My position is, I outlined it in the other case, is that it is not the correct direction or charge in the matter".
He said the court has already put Mr Brills's case back until July 21 for the State to take further instructions.
Judge Kelly adjourned Mr Guzauskus's case until the same date. She also noted he intended to apply to the court next week for gardaí to return his passport, seized earlier, to allow him to go on a holiday. He has yet to indicate a plea.
He must only go to the airport if he has a valid ticket and has to obey other bail terms: a ban on drone flying, an order not to apply for a new passport, be contactable by phone, and not leave the State without the court's permission.
The court has heard the accused lived in Ireland for 14 years and did not require an interpreter. Mr Guzauskus is in full-time work but entitled to legal aid.
In the unrelated prosecution, Eric Brills (50), of Holywell Dale, Swords, Co Dublin, is accused of unlawfully and intentionally interfering with the operation of air navigation facilities at Dublin Airport by operating a drone in the 300-metre critical area, on January 24th, at Naul Road, Cloghran, Co Dublin, such act being likely to interfere with the safety of aircraft in flight.
In his case, the DPP also consented to "summary disposal on a guilty plea" at the District Court level. Otherwise, he would face the Circuit Court.
It is illegal to fly drones within 5km of the airport – drones over a certain size must be registered, and each device has a unique digital fingerprint for identification.
