Man who illegally flew drone at Snow Patrol concert has sentence reduced on appeal

David Raleigh

A man convicted of illegally flying a drone at a Snow Patrol concert and in a no-fly zone around Limerick Prison has successfully appealed the amount of fines imposed on him, after he argued his sentence was too severe.

Limerick Circuit Criminal Court judge, Colin Daly, reduced fines imposed on Krzysztof Luszczki from €4,000 to €600 after hearing the appeal.

Luszczki, from Moineir, Clonmacken, Limerick, was convicted and fined €4,000 and ordered to pay a contribution towards €1,000 costs in a prosecution brought against him by the Irish Aviation Authority (IAA), at Limerick District Court, last December.

Luszczki’s solicitor, Julianne Kiely, told the appeal hearing that her instructions were that Luszczki had believed he had permission to fly the drone at the times.

Kiely said Luszczki was using the drone for “practice” flights at the time. The reason for the flights were not commercial however the solicitor said Luszczki had ambitions to start a commercial drone business.

“He was certified and licensed to operate it,” added Kiely.

Judge Daly allowed the appeal “on grounds of severity” of the original sentence.

Luszczki, who the court heard is presently in receipt of social welfare payments, pleaded guilty before Limerick District Court to operating a drone more than 120m above ground within a prohibited area, without authorisation, namely Thomond Park during a concert performance by the band Snow Patrol, in July 2024.

Following his trial he was additionally found guilty of operating a drone beyond a visual line-of-sight, and at an unsafe distance from assemblies of people, without authorisation.

The IAA claimed Luszczki’s actions posed a security risk and a safety risk to the people attending the Snow Patrol concert.

The IAA said flying in close proximity to crowds is considered a particularly high-risk activity, as those underneath the drone cannot safely move away if the drone malfunctions.

Flying beyond visual line-of-sight and above 120m without the appropriate training or safety mitigations has the potential to endanger manned aircraft in flight, added the IAA.

Inspector Padraigh Sutton, Limerick Divisional Rods Unit, Henry Street Garda Station, who had discovered Luszczki operating the drone illegally, said: “The unauthorised operation of drones over events, concerts or large gatherings is illegal and can endanger the public and disrupt emergency operations.”

Luszczki’s appeal hearing heard that he was known to the IAA as an experienced drone pilot, and that while he had not in fact flown directly over Limerick Prison, he had flown the drone over King John’s Castle, which is located within a restricted geographical area established for 2km around the prison.

Following his trial Mr Luszczki had been ordered to pay a contribution towards the cost of the €1,000 prosecution brought against him by the Irish Aviation Authority.

At the appeal court, Judge Daly said he was not making any order on court costs.