Courts / Dublin / Report

Airport drone accused say they should not be tried under 'draconian' laws

Date
2024-04-29
Stage
Sentence
Primary locality
Dublin
County
Dublin

Summary

Two men, Ainis Guzauskas and Eric Brils, are set to be tried in criminal court for allegedly flying drones too close to Dublin Airport. They have filed High Court challenges claiming that the 1975 Air Navigation and Transport Act's Section 6, which bars suspended sentences and probation, is disproportionate, draconian and unconstitutional. Guzauskas, a furniture mover, is charged under Section 3 for a July 2022 incident, while Brils, a company employee, faces a similar charge for a January 2023 flight. Both pleaded not guilty and are represented by Mark Lynam SC. Their judicial review seeks to prevent further prosecution under Section 3, declare Section 6 incompatible with the Constitution and the European Convention on Human Rights, and obtain orders from the court. Justice Niamh Hyland granted permission for the actions, with the cases scheduled to return next month.

Who, what, where, when and why

What: Report matter: Airport drone accused say they should not be tried under 'draconian' laws. Procedural stage: sentence

When:

Case subjects

Ainis Guzauskas

Applicant

Eric Brils

Applicant

Outcome: 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.

Places mentioned

Secondary Mention
Court Venue
  • High Court
  • Circuit Criminal Court
Residence

Topics

Stage Sentence

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