*Brendan O’Mara.
THERE IS a High Court challenge in the case where a former Ryanair pilot is facing charges in connection with a Garda seizure of an estimated €10m worth of drugs, a court has heard.
At Ennis District Court, Sgt Frank O’Grady said that the prosecution case against Brendan O’Mara (62) of An Tulach, Summerhill, Meelick, Co Clare could be adjourned to January for mention as “there is a High Court challenge”.
Sgt O’Grady did not disclose the nature of the High Court challenge but stated that it is listed for January 19th.
Sgt O’Grady confirmed the High Court challenge when Judge Alec Gabbett asked when the Book of Evidence will be served on Mr O’Mara in the case.
Judge Gabbett said, “I know it is complicated”.
Judge Gabbett asked Mr O’Mara how long the High Court challenge will take and Mr O’Mara said that he didn’t know.
Judge Gabbett said that “I am conscious that the bail conditions on Mr O’Mara in themselves are a punishment”.
Acting as agent for Mr O’Mara’s solicitors, solicitor Tara Godfrey said that Mr O’Mara’s solicitors are agreeable to adjourning the case to January 21st for mention only and that Mr O’Mara can be excused from appearing on that date.
Judge Gabbett said that there will be an update on the next day following the High Court case.
Mr O’Mara said from the body of the court to Judge Gabbett, “Thank you, Happy Christmas”.
At a court hearing in the case 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 a new charge.
In the charge Mr O’Mara is charged with on May 7th at An Tulach Summerhill Meelick Clare did have 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.
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.
However, the most recent charge is more serious as on conviction, an offence under Section 15(a) carries a mandatory minimum prison term of 10 years but a judge has the discretion to impose a lesser sentence in certain circumstances and only a very small portion of those convicted of Section 15(a) drug dealing offences do receive the 10 years in prison in the criminal courts.
Mr O’Mara was first charged at a special sitting of Ennis District Court on May 10th and remained almost three months in custody on remand before securing bail at the Court of Appeal at the end of 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.
