Men allegedly found with guns in Kildare refused bail

THE two men arrested for alleged possession of 11 semi-automatic pistols and machine guns, along with over €0.5m worth of cannabis in a search of and Kildare bog were both denied bail in Athy District Court last week (14 July).

Both Piotr Michalczyk (43) of Roseberry Hill, Newbridge and Ryan Byrne (32) of Srowland, Athy both appeared before Judge Desmond Zaidan from custody where they had been held since their arrest three days previously.

Detective Sergeant Shane Kiely of the Garda National Drugs and Organised Crime Bureau (GNDOCB) gave evidence of arrest, charge and caution in the case of Michalczyk who was called first.

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 a 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.

Noting the continued solicitors’ strike Judge Zaidan gave a watching brief to Ms Jacqui McManus “so this man’s rights won’t be trampled on”.

Det Sgt Kiely told the court “there would be garda objections to bail … as he has no ties to the jurisdiction, no income, and is a flight risk … there is a likelihood of committing serious offences, and likely to commit serious offences”.

He explained how Mr Michalczyk was observed driving on 10 July, and when the GNDOCB got a warrant his Newbridge address they found €22,840 in cash, £1,560 sterling, a 9mm Makarov pistol, and 900 rounds of ammunition on 11 July.

Then, on foot of information received the GNDOCB 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.

“He is only in the country since April, he lives with his sister in Newbridge, says he wants to return home later this summer, and I believe he will if given bail,” said Det Sgt Kiely.

“No conditions would satisfy me,” he added.

“The defendant has a right to give evidence, he also has a right to remain silent,” noted the judge.

“This is my first time in a situation like this,” said Mr Michalczyk through his court-appointed interpreter, who added: “he’d like to address you”.

“I’d like to ask for bail. I’m 43 years old and I’ve never had any problems with the law in any country,” he said.

“I wouldn’t like this to reflect on my life, and if I’m released I don’t intend to run, will wear a tag on my ankle, anything you wish,” he said through his interpreter.

“I’d have serious concerns with 11 firearms in this case,” reiterated Det Sgt Kiely.

“The defendant is unrepresented because he cannot afford legal representation,” said the judge.

“I will give a legal ruling why this court went ahead with hearing the application without legal representation.

“Article 40(3) of the Irish Constitution requires the State to protect its citizens from alleged crime, the protection of life, the welfare of citizens is entrusted to the state.

“On the other hand, the Irish Constitution offers the right to a fair trial, and right to legal representation, and the State wouldn’t object to legal aid if it was available?” “No,” said Det Sgt Kiely.

“Either of these rights are open to interpretation depending on the merits of the case,” said Judge Zaidan.

“Under the Legal Aid Act the State has not passed any law to deprive Irish citizens of their freedoms.

“It’s different between not getting paid, and someone being deprived of a lawyer.

“In this case I am satisfied the overall safety of the public, its citizens, individuals, and the collective in this case must take precedence over the individual right to legal representation.

“The only thing holding this up is money. Money!” stressed the judge.

“This court believes Piotr Michalczyk is a flight risk, and if given bail, is at risk to commit serious offences.

“No bail conditions would be appropriate, this court has considered all the evidence, the objections (to bail) are well founded and sustainable in law.

He remanded Michalczyk back into custody to re-appear by videolink in Naas District Court on 21 July.

Next up was co-defendant Ryan Byrne charged with four offences, for which his formal reply to charge was “it wasn’t mine”.

He was also charged with the possession of the cannabis, possession of the Makarov pistol, and 900 rounds.

Detective Garda Kate Gilligan, also of the GNDOCB, 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.

“He made admissions where he said he was short on cash and was just moving drugs and money,” she said.

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

“He was clearly a trusted person in this enterprise.

“This group has lost significant drugs and weapons, and if released Ryan Byrne would be required to continue with criminal activity.

“At the location in the bog, he made admissions the land belongs to his family.

“I don’t believe he will adhere to any conditions”.

Mr Byrne was defended by barrister Sean Egan, who explained how his client “lived in a caravan at his mother’s house, and was a market trader”.

He argued a further remand was problematic for his client as “Cloverhill is Ireland’s most violent prison”, and that Det Gda Gilligan was “speculating about Byrne’s likelihood to re-offend”.

However, Sergeant Dave Hanrahan pointed out “three machine guns and eight pistols were seized … three-quarters of the charges carry a minimum sentence of 10 years … and we believe Mr Byrne was in integral cog in this criminal gang”.

“I know my situation is big, but I’ve been co-operative, I didn’t know what I was getting myself into,” said Mr Byrne.

“I wasn’t out to make this into big money … my mother’s house is falling down, I had to bright my father to the hospital last week, I have no intention of running anywhere, except home to my mother’s house, and I’m going to have to live with this for the rest of my life.

“I’m pleading with you, begging you, my father had a triple bypass, my mobile home is leaking; we have no money, if we had we wouldn’t be living in leaky houses.

“Why would I run? To be caught and trialled again? I’m not stupid,” said Mr Byrne.

“While I have some sympathy for this man, my majority of sympathy is with the victims of ongoing crime,” said the judge.

“I can’t grant bail on emotions only, but on legal argument.

“The state’s reasons (to object) are three-fold, and there’s no doubt these allegations are at the serious end.

“The garda assertions were not speculative … and the more serious the charges, the greater the likelihood to skip bail.” The judge also refused bail for Mr Byrne, and remanded him back into custody, to also re-appear in Naas District Court on 21 July by videolink.