TWO MEN DUE to be tried before the criminal courts for allegedly flying their drones too close to Dublin Airport have launched High Court challenges against the constitutionality of the Act under which they are charged.

The two separate actions, where similar legal points are raised have been brought by Ainis Guzauskas and Eric Brils.

They claim that if they are found guilty of offences under the 1975 Air Navigation and Transport Act they cannot get a suspended sentence from the courts.

Section 6 of the Act, expressly prohibits any suspension of any sentence they might receive or the application of the Probation Act, they claim.

This they allege amounts to “a disproportionate” and “draconian” interference with their personal rights to a fair trial and is unconstitutional.

Section 6 of the Act, it is also submitted, does not display the rational connection between the gravity of the offence and the requirements of justice.

They claim that while mandatory minimum sentences are permissible under Irish law, they must be all capable of meeting the justice of each and every case where they apply.

Mr Guzauskas, a furniture mover of Ridgewood Close Swords Co Dublin is charged before the Circuit Criminal Court under section 3 of the 1975 Air Navigation and Transport Act for flying his drone near the airport on July 2nd 2022.

It is alleged that his activity unlawfully and intentionally interfered with the operation of air navigation at the airport.