Football fans accused of offensive behaviour on Ryanair plane have charges struck out
Judge Susan Fay struck the case out at Dublin District Court after the prosecution failed to disclose a statement to the defence in a "genuine oversight."
FOUR football fans who denied offensive behaviour on a Ryanair plane in Dublin Airport have had all charges struck out after their trial collapsed.
The four had been accused of disruptive conduct that began after passengers allegedly tried to use the toilet before a flight departed for London.
Judge Susan Fay struck the case out at Dublin District Court after the prosecution failed to disclose a statement to the defence in a "genuine oversight."
Marco Bajzec (41) of Beechwood Park, Ballyboe, Glencar, Co Donegal and Zvonimir Prkacin (40), Luis Buic (38) and Tomislav Zajec (39), from Confey, Leixlip, Co KIldare all walked free from court today.
They had pleaded not guilty to offensive behaviour on board an aircraft, under the Air Navigation and Transport Act, on January 22 this year.
Luis Buic
When the non-jury trial got underway, a cabin crew member gave evidence that before departure, a passenger stood up and tried to use the toilets but was advised it was not possible 'because we were ready to take off.'
The crew called the captain and the passenger was allowed to use the toilet, but then his friends also wanted to do so, the witness continued.
'One of them said 'if you don't let me go to the toilet, I can urinate at the back' which is our workspace,' he said.
Tomislav Zajec
It was decided that it was not possible to take off at that time because the passengers would not comply with the safety regulations and the passengers were offloaded from the aircraft.
The crew member said he could not recall who threatened to urinate in the back galley.
The hearing was halted when it emerged that the witness' statement had not been disclosed to the defence.
Zvonimir Prkacin
The prosecution asked the judge to adjourn the case but the defence objected. A lawyer said the defendants had been put on Ryanair's no-fly list and their ability to travel was affected. The defence asked the judge to dismiss the case.
Judge Fay said she would not dismiss the charges but instead struck them out due to non-compliance with the disclosure order. She said she did not believe it was intentional but was a 'genuine oversight' by the prosecution.
Previously, the court was told the four were arrested at Terminal 1 before the plane's departure and taken to nearby garda stations. They had been flying to London for an Arsenal - Dinamo Zagreb match on the day.
Marco Bajzec
Today's News in 90 Seconds - June 13 2025
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Sunday World
20 hours ago
- Sunday World
Dad-of-two accused of storing €33,000 of cocaine in lining of his couch
James Tyrell (24) was charged following the seizure of drugs that gardaí believe were intended for distribution throughout the city. A father-of-two has been accused of storing more than €33,000 worth of cocaine in the lining of a living room couch at an apartment in Dublin. James Tyrell (24) was charged following the seizure of drugs that gardaí believe were intended for distribution throughout the city. Judge John Brennan granted him bail and adjourned the case at Dublin District Court for DPP directions. Mr Tyrell, with an address at Convent Lawns, Ballyfermot is charged with possession of cocaine with intent to sell or supply. Objecting to bail, a garda said members of the Dublin Crime Response Team executed a search warrant at an apartment at The Plaza, Parkwest Avenue, on June 10, 2025 and found a 'significant quantity of illicit drugs in the living room'. Some 484 grams of cocaine were found concealed in the lining underneath a couch, the garda said. It was alleged Mr Tyrell allowed the apartment to be used to store the cocaine to help clear a drug debt. It was the opinion of the gardaí that the cocaine was intended for distribution throughout the Dublin area. Dublin District Court News in 90 Seconds - June 21st The accused was arrested and detained under the Drug Trafficking Act. Defence solicitor Niall O'Connor applied for bail on the accused's behalf, saying he was a 'suitable candidate' and the garda objections appeared to be based only on the seriousness of the alleged offence. There did not seem to be any concerns the accused would not turn up in court if granted bail, he said. Mr Tyrell was presumed innocent and could provide the gardaí with another address he could stay at. It would take some time to finalise the case, Mr O'Connor said. Judge Brennan said it was a serious charge and the proposed evidence was strong but he was satisfied in the circumstances the accused should be admitted to bail. Mr O'Connor asked the judge to take account of the fact that the accused was not working and was of limited means. 'He might have a couple of hundred euro available to him, that is as far as it goes,' Mr O'Connor said. The judge set bail in Mr Tyrell's own bond of €1,000, with a €600 independent surety, or €800 cash in lieu. Under conditions, he is to stay at Convent Lawns, Ballyfermot, sign on three times per week at Ballyfermot garda station and not apply for new travel documents after the seizure of his passport.
Sunday World
a day ago
- Sunday World
Teen (19) escaped from Garda station while outside having a cigarette, court told
The accused distracted the garda, ran through the back car park, scaled the high perimeter wall and 'made good his escape' A YOUNG man was detained at a Dublin garda station when he escaped from custody after 'distracting' an officer while outside having a cigarette, it is alleged. Michael McGinley (19) ran through a car park, scaled a perimeter wall and was at large for more than eight weeks before he was recaptured and brought before a court today, gardai said. After he was refused bail, the accused pointed at his girlfriend who was in court and said: 'I love this woman here. I will marry her one day. That's all I'll say.' Mr McGinley, of Ringfort Avenue, Balrothery, Co Dublin is charged with escaping unlawful custody at Balbriggan garda station on April 23. Michael McGinley News in 90 Seconds - June 20th At Dublin District Court this afternoon, Detective Garda Colm Fitzpatrick told Judge Mark O'Connell the accused was arrested at a guest house in Athboy, Co Meath yesterday where he was with his girlfriend after booking under a false name. He made no reply to the charge after caution. Objecting to bail, Det Gda Fitzpatrick said at the time of the alleged escape, the accused had appeared in Balbriggan District Court on several charges, was refused bail and remanded in custody. He was taken to the garda station to wait until the sitting judge had signed a warrant committing him to prison. Mr McGinley asked if he could go out for a cigarette, his request was acceded to and he was taken out the back of the station, the detective continued. The accused distracted the garda, ran through the back car park, scaled the high perimeter wall and 'made good his escape', the court was told. "He remained at large for eight weeks and one day, knowing he was unlawfully at large and despite his family asking him to hand himself in,' Det Gda Fitzpatrick said. Gardai searched a guest house in Athboy and found the accused in an upstairs bedroom attempting to get dressed and in the company of his girlfriend (18). He had used a false name when signing in and a stolen BMW was parked outside. Applying for bail, defence solicitor Holly Laher said her client was presumed innocent and would abide by bail conditions, including signing on at a garda station and keeping a night time curfew. Mr McGinley, a member of the Travelling community, was supported in court by his mother, partner and older brother. The accused could live with his brother in Wexford if released on bail, Ms Laher said. She asked the judge to take account of her client's young age and the detrimental effect prison would have on him. The garda said no conditions would assuage his fears over granting bail. Judge O'Connell said the risk that Mr McGinley might not attend court 'was an understatement' and refused bail. The judge added that he was 'not impressed by the deportment' of family members in court 'who find it funny.' 'They have been smiling and laughing, as he has been,' Judge O'Connell said. 'It suggests they are not taking this thing seriously at all." The accused was granted free legal aid and remanded in custody to appear in Cloverhill District Court next week.
The Journal
2 days ago
- The Journal
Man spared trial after apologising to Paul Murphy for threatening to 'slit' his wife's throat
A MAN WHO threatened Paul Murphy TD with slitting his wife's throat has been spared trial and jail after apologising and citing a psychotic episode. Dublin District Court had sought fitness-to-plead psychiatric reports on the accused, and today, 42-year-old Joseph Cloherty's non-jury hearing was expected to go ahead. Cloherty, of no fixed address, had earlier indicated that he would contest the charge, requiring Murphy to come to court and testify. However, Judge John Hughes heard that the prosecution was not proceeding and applying to withdraw the case. Judge Hughes noted that this followed a letter being sent by Cloherty to the Dublin South-West TD, apologising to both him and his wife, councillor Jessica Spear, and explaining the incident happened when he was going through a psychotic episode. The apology was acceptable to the TD, who was not required to give evidence and left the court as Judge Hughes struck out the proceedings. Defence solicitor Emer O'Sullivan also furnished a medical report on her client, who pleaded guilty to unrelated public order offences, resulting in a one-month suspended sentence. Cloherty had nine prior convictions, mainly public order and motoring offences. The threatening encounter with the politician occurred after the politician canvassed about abortion laws in Tallaght on 23 May, 2023. Cloherty faced a charge under section 5 of the Non-Fatal Offences Against the Person Act. Cloherty was accused of having, without a lawful excuse, made a threat to Paul Murphy, intending him to believe it would be carried out that he would kill or cause serious harm to Jessica Spear. Earlier, the court heard that Cloherty had been hospitalised involuntarily. A preliminary hearing in January was told that he denied the charge that he threatened the politician to his face that his wife would be seriously harmed. Spear is a People Before Profit councillor for Tallaght Central. Advertisement The Director of Public Prosecutions directed summary disposal of the case at the District Court level. Outlining the evidence, Garda Elaine Markham had said that the TD had set up a stall at Belgard Square. He was giving out leaflets about a pro-abortion bill when the accused allegedly 'walked up to Paul Murphy and threatened to slit his wife's throat'. Gardai took statements from her and the TD. 'That's a lie,' Cloherty had told the court after it heard a summary of the evidence. Cloherty had said 'they were talking about killing babies'. On conviction, the threat could have led to a fine and a 12-month sentence. Today, Garda Sergeant Nigel Petrie gave evidence on the two remaining unconnected offences, the use of threatening, abusive, insulting behaviour in public and resisting arrest on 9 January. Sergeant Petrie said he spoke to Cloherty near the Royal Canal Bank in Dublin and was about to arrest him over a warrant. Cloherty angrily shouted: 'You have now entered the arena; you don't know what you've just done.' He resisted gardai handcuffing or putting him into a patrol car, but the sergeant volunteered that it ranked at two or three out of ten in terms of seriousness. He stressed that Cloherty subsequently sought him out to apologise, adding that he is now a very different man from the agitated person he met on the date of the arrest. O'Sullivan, pleading for leniency, said Cloherty was in homeless accommodation but goes to his mother's house every day. She and Cloherty's brother-in-law came to court, and the solicitor emphasised that he had family support and was now on antipsychotic medication. Noting his apology, medical report and mitigation plea, Judge Hughes suspended the one-month term on condition he does not re-offend for two years, stays off cocaine and cannabis, and continues to attend appointments with a mental health professional and follow their directions.
