The DPP is to consent next month to have a stay placed on its criminal prosecution against a former Ryanair pilot who is facing charges in connection with a Garda seizure of an estimated €10m worth of drugs, a court has heard.
At Ennis District Court, State Solicitor for Clare, Aisling Casey told the court that the Director of Public Prosecutions (DPP) is to consent to the stay on the proceedings against Brendan O’Mara (62) pending the outcome of a High Court challenge by Mr O’Mara in the case.
Ms Casey said that the application by Mr O’Mara on February 9th seeking an injunction for a stay on the criminal proceedings until the High Court plenary summons has been dealt with is to be consented to by the DPP.
In the case, Mr O’Mara of An Tulach, Summerhill, Meelick, Co Clare is charged with on May 7th at the same address having in his possession, cannabis for the purpose of selling or otherwise supplying the drug to another.
The alleged offence stated that at the time the drug in Mr O’Mara’s possession had a market value of €13,000 or more, contrary to Section 15(a) of the Misuse of Drugs Act 1977.
At a court hearing in November, Det Garda Adrian Cahill of Henry Street Garda Station, Limerick said that Mr O’Mara replied “absolutely no guilty” after charge and caution to the charge.
Mr O’Mara was already before the court concerning the estimated €10m drugs seizure where he faced two charges – possessing cannabis for sale or supply, and possessing cannabis, on May 7th.
In court, Ms Casey has requested a long district court adjournment in the case to September to allow the High Court case to conclude.
She said that there is a timeline for events in relation to the High Court plenary action “which brings us up to July”. Mr O’Mara was not present in court for the brief court hearing as he was excused from attending.
Ms Casey said that Mr O’Mara’s High Court challenge is seeking a declaratory order that the inclusion of hemp with a THC content of 0.3pc or less in Schedule One of the Misuse of Drugs Act 1977 is invalid and unlawful having regard to the provisions of EU law.
Ms Casey stated that Mr O’Mara is also seeking a declaratory order that hemp is an agricultural good within the legislation.
Ms Casey stated that Mr O’Mara is also seeking a declaratory order that legislation in relation to the Misuse of Drugs Act is at odds with EU legislation.
Mr O’Mara was first charged at a special sitting of Ennis District Court on May 10th last and remained almost three months in custody on remand before securing bail at the Court of Appeal at the end of last July.
The Court of Appeal ruling overturned a High Court bail refusal and bail was granted with conditions that Mr O’Mara provide an independent surety of €150,000, as well as his own bond of €70,000, €35,000 of which is to be lodged.
As part of his bail conditions, Mr O’Mara has also undertaken not to leave the jurisdiction; surrender his passport and all pilot’s licenses; that he must give an undertaking not to attend at any airfield and that he must reside at his family home in Co. Clare.]
Judge Alec Gabbett adjourned the case to September 9th.
