A man originally accused of unlawfully flying a drone into a "critical area" of Dublin Airport had the charge replaced today with an offence for intentionally interfering with the operation of an air navigation facility.
The Director of Public Prosecutions (DPP) also directed that father of two Ainis Guzauskus will face trial before a judge and jury in a higher court if he contests the case.
In February, gardai charged Mr Guzauskus, 41, with knowingly causing a false alarm by flying an unmanned aerial system (drone) into the critical area of Dublin Airport at Naul Road, which interfered with the operation of an aerodrome on a date last year.
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However, today, that charge was withdrawn and replaced with an offence under section three of the Air Navigation and Transport Act 1975, unlawfully and intentionally interfering with the operation of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 2, 2022.
The accused, of Ridgewood Close, Swords, Dublin, appeared before Judge Treasa Kelly at Dublin District Court.
Garda Sean Murphy said Mr Guzauskus made no reply to the new charge, adding that the DPP has directed "trial on indictment". That means Mr Guzauskus may face a jury trial in the Circuit Court with broader sentencing powers.
Garda Murphy added that the DPP consented to the case staying in the District Court "on a plea of guilty".
The investigating officer handed over disclosure of evidence to defence solicitor Donal Quigley who asked for an adjournment to seek counsel's advice and opinion about Irish Aviation Authority statutory instruments before entering a plea.
The garda applied to transfer the previous bail terms to the new charge. However, following submissions from defence solicitor Donal Quigley, the judge removed one that barred the accused from going within two kilometres of the airport without garda permission.
Mr Quigley submitted that his client lived in Swords; the court had already heard his client's house was two kilometres from the airport. The solicitor argued that it was an "almost impossible" condition and covered a "big chunk" of the area around the airport, including the M1 and the M50 motorways.
Judge Kelly deleted that term but imposed another, stating he must not go to the airport unless he had a valid ticket, adding that since gardai had seized his passport, his "choices are Donegal and Kerry, I think".
The other bail terms imposed in February remain: a ban on drone flying, not to apply for a new passport, remaining contactable by phone, and not leaving the State without the court's permission. Mr Guzauskus, yet to indicate a plea, must live at his current residence and notify gardai of any address change
The case resumes in July.
The court has heard the accused lived in Ireland for 14 years and did not require an interpreter. He is in full-time work but entitled to legal aid.
In an unrelated prosecution, Eric Brills, 50, of Holywell Dale, Swords, Dublin, was charged earlier.
It is alleged that he unlawfully and intentionally interfered with the operation of air navigation facilities at Dublin Airport by operating a drone in the 300-metre critical area, on January 24, at Naul Road, Cloghran, Co Dublin, such act being likely to interfere with the safety of aircraft in flight.
He was granted bail and is due in court later this month to indicate a plea.
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 5 km of the airport; drones over a certain size must be registered, and each device has a unique digital fingerprint for identification.
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