Kildare pair facing guns and drugs charges could be released

IN A notable similarity to the near collapse of a €7m drugs case (page eight), the state’s inability to provide directions could also allow two men charged with the alleged possession of 11 semi-automatic pistols and machine guns, along with over €0.5m worth of cannabis, to be released from custody within a fortnight.

Appearing in Naas District Court on Thursday 3 September by videolink from custody were Piotr Michalczyk (43) of Roseberry Hill, Newbridge and Ryan Byrne (32) of Srowland, Athy.

Both are facing drugs, firearm and money laundering charges, as well as a charge contrary to Section 72 of the Criminal Justice Act 2006 relate to allegedly participating in or contributing to the activities of a criminal organisation.

It is alleged that Mr Michalczyk was found €22,840 in cash, £1,560Stg, a 9mm Makarov pistol, and 900 rounds of ammunition at his home in Newbridge on 10 July, on foot of an investigation By the Garda National Drugs and Organised Crime Bureau (GNDOCB).

The GNDOCB then found and estimated €560,000 worth of cannabis in sealed bins, and 10 more weapons – believed to be a machine gun, two Skorpion machine pistols and seven handguns including Glock, Colt and Walther pistols - at a location in Old Court Bog, Rheban West, just north of Athy, alleged to be land belonging to Byrne’s family.

Both had been refused bail on their first court day and have been on remand since 11 July.

This week, Mr Michalczyk appeared first and when asked by Judge Desmond Zaidan who his solicitor was, said: “I have a solicitor, but there is strike action”.

“There are other lawyers,” the judge reminded him. “But you’ve been a long time in prison without legal advice”.

“I highly recommend that he engage with one of the other lawyers not on strike,” he said to prosecuting officer Sergeant Ruth Coleman.

“His co-accused (Mr Byrne) has a solicitor and a barrister,” the judge noted.

“I’m locked up so I can’t call anyone,” said the man on the screen.

“That’s ok. I can assign one,” said the judge.

However, when the judge heard there still were no directions from the DPP yet because of “a delay in the ballistic reports because of the number of firearms”, he put it back to second calling.

Next up was Mr Byrne, and unsurprisingly, Sgt Coleman immediately said: “No directions, similar reasons.” “This is an obvious matter where this should be going; this many guns and pistols, it won’t be staying in this court,” noted solicitor Brian Larkin.

Claiming this was his client’s eighth time before the courts, he asked the judge for a strike out of all charges.

“This is only his fifth time,” corrected Sgt Coleman, before Judge Zaidan split the difference with six.

“The DPP can come back and re-charge him,” Mr Larkin reminded the court.

“So, what is it? Resources?” asked the judge.

“Judge, the garda forensic office has a very small number of officers,” said the sergeant.

“Much was made on the first day that this serious amount of firearms was linked to organised crime, but my client was just a low-level operative, a gofer, if you will,” said Mr Larkin.

“These were described as weapons you’d see with the Russian army in Ukraine,” he added.

“The state can come back,” he reminded the court again.

“I live in the real world, and the reason there is a delay is the lack of resources, and that should not hamper the court’s ability to administer justice,” said the judge.

“Reluctantly, I won’t strike it out, but I will mark it pre-emptory,” he offered.

“I remember at the bail objection hearing the officer who was on scene was adamant these were serious guns,” recalled the judge.

“You said before you went on holiday I would get a strike-out,” complained Mr Byrne from the screen. “All this is on cameras, so I will be looking for all that.” “Threatening this court is a mark of disrespect, as is flying off the handle and making jabs at me,” warned the judge, which brought an immediate apology.

“I see here your formal reply to charge was ‘it’s not mine’, so I will put it back for two weeks (17 September) and mark it pre-emptory,” he ruled.

A little later Mr Michalczyk returned on second calling, and the sergeant formally asked for a further two-week remand “to await ballistic and drug analysis. He is fully aware of that.” Judge Zaidan then remanded Mr Michalczyk back into custody until 17 September and marked his case as pre-emptory.