Men charged with drug and gun possession in Kildare appear in court

TWO men arrested for alleged possession of 11 pistols and machine guns, along with over €0.5m worth of cannabis in a search of a Kildare bog last month were both remanded back into custody this week (6 August) for at least another fortnight.

Piotr Michalczyk (43) of Roseberry Hill, Newbridge – appeared by video link at the first of the summer sessions at Naas District Court from Wheatfield Remand Centre.

“A solicitor has been appointed, but is not here today,” Sergeant Dave Hanrahan said towards visiting Judge Michael Connellan.

“But I have a detective (Detective Sergeant Shane Kiely of the Garda National Drugs and Organised Crime Bureau (GNDOCB))”.

“This is a complex case involving a large quantity of guns and drugs, but I don’t have (DPP’s) directions,” he said.

“We would be seeking a further remand back into custody, where he has been since the middle of July,” the sergeant clarified.

“Would you be happy with four weeks, Sergeant?” asked the judge, before immediately turning to the screen to ask Mr Michalczyk: “would you accept four weeks?” “I would like to speak to a solicitor,” said the defendant.

“Unfortunately, that is out of the court’s hands,” said the judge with some sympathy, referring to the ongoing industrial action of solicitors in their fight with the Government over proposed changes to the Legal Aid system.

“I’m happy to take two weeks,” Mr Michalczyk said, before he was formally remanded back into custody to re-appear again in Naas on 20 August.

Ryan Byrne (32) of Srowlands, Athy, was the next defendant to appear on the court’s screens.

“This is the co-accused of the last defendant,” said the sergeant.

“I don’t have directions, but I do have the investigating officer (Detective Garda Kate Gilligan of the GNDOCB) to give details”.

“We don’t require to hear from the detective,” said defending barrister Sean Egan.

“But I would like to mark this (case) pre-emptory (no further adjournments).” “I have very firm instructions to mark this pre-emptory,” he stressed.

“This gentleman has never been in serious trouble, and he has significant care responsibilities for his sick parents.

“He is receiving serious discrimination on account of this.” The judge replied: “The sergeant has indicated that this is a complex matter which was first before the courts on 14 July.” “There’s an application here to strike out, so I assume you’re not accepting that?” the judge asked Sgt Hanrahan.

“I’m looking for four weeks (remand),” said the sergeant flatly.

“I’ve been locked up since last month, and I’ve never been in serious trouble,” protested Mr Byrne.

“I was told by the last judge that if it (the case) was not ready (to proceed) it would be struck out,” Mr Byrne said.

“On the charge sheet I do not see any evidence of a strike out being offered,” said Judge Connellan, as he then remanded Mr Ryan back into custody until 20 August.

At their first formal appearance in Athy, Det Garda Gilligan told how an operation was put in place on 10 July “to investigate a crime group supplying guns to another group”.

“A car was followed from Rathdowney, Co Laois to Newbridge,” she alleged.

Detective Sergeant Shane Kiely (GNDOCB) gave evidence of arrest, charge and caution in the case of Mr Michalczyk.

DS Kiely said the defendant “made no reply to the (six) charges”, which, apart from the drugs, firearm and money laundering charges, also included a charge contrary to Section 72 of the Criminal Justice Act 2006.

This is the main law targeting organised crime in Ireland, and makes it an offence to knowingly participate in, or contribute to the activities of a criminal organisation).

Det Sgt Kiely objected to bail, alleging how Mr Michalczyk was observed driving on 10 July, and when the GNDOCB got a warrant for his Newbridge address they found €22,840 in cash, £1,560 sterling, a 9mm Makarov pistol, and 900 rounds of ammunition during the search the following day.

Then, on foot of information received, the Bureau then found an 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.

Later that day, co-accused Mr Byrne was charged with four offences, for which his formal reply was “it wasn’t mine”.

He was also charged with the possession of the cannabis, possession of the Makarov pistol, and 900 rounds told how an operation was put in place on 10 July “to investigate a crime group supplying guns to another group”.

The court was told Mr Byrne made alleged admissions that “he was short on cash and was just moving drugs and money”.

“The key to the padlock on the gun box was found in the central console of his car,” alleged Det Keily.

“He was clearly a trusted person in this enterprise…and the bog where the drugs were found belonged to his family”.

Judge Zaidan then ruled that – considering the amount of weaponry allegedly involved – the safety of the State was greater than the accused’s rights to bail awaiting trial, and so remanded both back into custody that day, where they have been since.