Man accused of flying drone close to Dublin Airport to go on trial if he contests case

Accused may face a jury trial in the circuit court, which, on conviction on indictment, can result in a mandatory life sentence

Eric Brills, 50, of Holywell Dale, Swords, Dublin, at a previous hearing at Dublin District Court. Picture: Collins Courts

The trial of a man accused of interfering with air navigation by flying a drone too close to Dublin Airport will go before a judge and jury in a higher court if he contests the case.

Eric Brills, 50, of Holywell Dale, Swords, Dublin, was arrested in February and charged under section 3 of the Air Navigation and Transport Act, 1975, as substituted by section 51 Air Navigation and Transport Act, 1988.

It is alleged that on January 24, at Naul Road, Cloghran, Co Dublin, he unlawfully and intentionally interfered with the operation of air navigation facilities at Dublin Airport by operating a drone in the 300m critical area, such act being likely to interfere with the safety of aircraft in flight.

He was granted bail, on condition he did not use drones, on February 10 by Judge Treasa Kelly at Dublin District Court, where he faced his second appearance on Friday.

Detective Garda Enda Ledwith, who had described it earlier as a "complex case", told Judge Kelly the Director of Public Prosecutions (DPP) has directed "trial on indictment". That means Mr Brills may face a jury trial in the circuit court with broader sentencing powers.

Detective Ledwith added the DPP consented to "summary disposal on a guilty plea" at district court level.

Mr Brills did not address the court.

Under the legislation, the offence, on conviction on indictment, can result in a mandatory life sentence or for another term the courts consider proper.

However, the district court cannot impose a sentence of more than 12 months for a single charge.

Defence solicitor Donal Quigley was granted an order for the disclosure of prosecution evidence.

Judge Kelly ordered Mr Brills to appear again in six weeks to indicate a plea and have his trial venue confirmed.

At his previous hearing, Judge Kelly heard the accused made no reply to the charge. Detective Garda Ledwith had no objection to bail subject to conditions and asked that one of the terms would state Mr Brills must not "fly any UAS", which he explained meant unmanned aircraft systems, also known as drones.

Mr Brills was told to provide gardaí with his phone number and be contactable at all times, reside at his current address, surrender his passport and not apply for other travel documents.

The judge had warned that breaching the terms would result in gardaí seeking bail revocation.

Legal aid was granted after the judge heard the accused was employed but earned less than €500 weekly.

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.