No bail for pair accused of having guns and cannabis
This photo is for illustrative purposes only
TWO MEN arrested for alleged possession of 11 semi-automatic pistols and machine guns, along with over €500,000 worth of cannabis, were denied bail again last week at Naas District Court.
Both Piotr Michalczyk (43) of Roseberry Hill, Newbridge and Ryan Byrne (32) of Shrowland, Athy appeared before Judge Catherine Hayden by videolink from custody, where they have been since their arrests on 11 July.
Mr Michalczyk is charged with six offences concerning drugs, firearm and money-laundering charges, and also a charge contrary to section 72 of the . This is the primary legislation targeting organised crime in Ireland, and makes it an offence to knowingly participate in, or contribute to the activities of a criminal organisation.
Mr Michalczyk had allegedly been observed driving between Rathdowney, Co Laois and Newbridge on 10 July by officers from the Garda National Drugs and Organised Crime Bureau (GNDOCB). When they searched his house on foot of a warrant, they allegedly found €22,840 in cash, £1,560stg, a 9mm Makarov pistol and 900 rounds of ammunition.
Then, on foot of information received, the GNDOCB allegedly discovered an estimated €560,000 worth of cannabis in sealed bins, and ten 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.
Mr Byrne is also charged under section 72, along with the firearms possession, after it was alleged that the key to the gun box found in the bog – allegedly his family’s property – was in the central console of his car.
“Is this for directions?” asked Judge Hayden.
“I have a solicitor but because of the strikes I haven’t been able to sign a contract yet,” said Mr Michalczyk through his translator.
“So now they’re not turning up for clients in custody?” commented the judge.
“Judge, this matter was after the strike started [on 1 July], so it doesn’t fall within the parameters of pre-strike promises,” clarified barrister Sean Egan, who would be standing later for co-accused Ryan Byrne.
“Will you have directions in two weeks?” asked the judge of Detective Sergeant Shane Kiely of the GNDOCB, but he was unable to commit.
“Tell him two or four,” advised the judge.
“I’m looking for a private solicitor, but unfortunately I’m engaged with someone else now,” said the defendant on screen, again through the court-appointed solicitor.
On the judge’s suggestion, the translator explained what ‘private’ as opposed to ‘legal aid’ meant in this context.
“I understand, but I can’t switch at this time, so I got to sign a contract with her. I will call her,” said Mr Michalczyk, as the judge remanded him back into custody until 3 September.
Next up on screen was co-accused Ryan Byrne.
“We’re making progress, but we don’t have directions, awaiting reports on a forensic sample analysis and his communications,” explained Sergeant Mary Meade.
“He failed in his bail applications in both the district and High Court, but has never been in jail before,” said barrister Sean Egan. “He is a working person, with caring responsibilities to his parents and his partner prior to his being held in custody.
“This has been profoundly alarming for him and his family.
“I accept the amount of work the state has to go through, but I have instructions to apply for a strike-out, or at least to mark it peremptory,” he said.
“A significant amount of work has been done in the last five weeks, but we need the forensic sample analysis. It may turn out to not be drugs,” said the sergeant simply.
“The High Court refusal of bail is an indication of the seriousness of these charges,” commented Judge Hayden. “For a case as complex as this, I would not be expecting directions at this stage,” she added, before remanding Mr Ryan back into custody, to reappear on 3 September.
“Myself and Mr Brian Larkin [solicitor] will be there,” said Mr Egan to his client.
“How can those guards put their hands on the Bible, and tell all sorts of lies about me, bringing guns around the country? It happens every time,” said a clearly aggrieved Mr Byrne on screen.
