Drone enthusiast fined €4,000 for flying over sell-out concert at Limerick's Thomond Park

A DRONE enthusiast was fined €4,000 after he was convicted of multiple offences arising from an incident during a concert at Thomond Park last year.

While Krzysztof Luszczki, aged 45, of Mount Kennett, Dock Road, Limerick admitted flying a drone to record aerial footage as Snow Patrol played to more than 28,000 people, he denied breaching safety regulations.

The father-of-four was prosecuted by the Irish Aviation Authority following a complaint from gardai over the use of a drone at the venue during the concert on July 12, 2024.

He was alleged to be in violation of three aviation offences as he initiated three separate flights before and after the concert -  at 5:23pm, 9:06pm and 10:18pm.

Regulations governing the use of drones require that they be operated within the parameters of an open category and that operator maintains a line of sight with the drone at all times.

Another regulation, which Mr Luszczki breached, requires all drone operators to keep their drones a safe distance from and to not fly over an assembly of people in a public place without the necessary authorisation by the Irish Aviation Authority (IAA).

Two of the three charges before the court were contested with solicitor Darach McCarthy stating: "We acknowledge that we fell out of the open category exceeding the 120 metre (height) threshold," which resulted in a guilty plea being entered.

That regulation requires that drones, unless authorised, must stay below 120 metres at all times but data from Mr Luszczki's drone, showed he exceeded that barrier for 2.6 seconds during his second flight before immediately correcting the error.

READ NEXT: Young motorist avoids ban after ‘careless’ manoeuvre on busy Limerick road

Sergeant Seán O’Sullivan, who specialises in event and emergency management, said he was on duty in the control room when he became aware that a drone was flying over the stadium.  

"I saw a drone under the South End terrace. It alternated in altitude and wasn't static. There was concerns over how close it would get to patrons and the stage," he said

Mr Luszczki, who is a qualified graphic designer, initially operated the drone from an area surrounding King John's castle but the guards were alerted and he was asked to move on. 

The defendant set up once again this time on Mayorstone Avenue before later moving some 800m away from the stadium with the intention of capturing the end of the concert.

Inspector Padraigh Sutton, who oversees major event management in the Limerick garda division said he was “on the pitch” around around 9.20pm when he was alerted to the drone. “I was very concerned as I knew no license was issued.”

Insp Sutton said he immediately radioed all garda personnel - inside and outside of Thomond Park - in an effort to identify the person in control of the drone.

After Mr Luszczki was observed at nearby Mayorstone Avenue, Insp Sutton left the venue and went to his location.

“He initially denied he was flying a drone but I could see Thomond Park on the screen. I asked him to fly the drone back and he complied,” he said adding: “There's no way he could have maintained a line of sight (with the drone) with houses and trees in the area.”

While it was accepted that Mr Luszczki did not fly the drone over the main crowd or close to the stage, it was the State case that the drone was over a bar area and close to a location earmarked for emergency access.

“It was flown (over) where people were transiting and moving,” said Sgt O'Sullivan who added gardai would not have permitted  the use of a drone had it been included in the event licence application.

READ MORE: New wastewater treatment plant for County Limerick will support future housing plans

Brian Thornton, an investigator at the Irish Aviation Authority, told the court he received a phone call from Insp Sutton on July 22 and that he explained what happened. Inspector Sutton also supplied a witness statement on August 25.

This prompted an investigation into the incident with which the defendant fully cooperated answering questions and providing data and video footage from the flights.

Mr Thornton stated in court that based on the data, he believed the defendant's "intention was to operate within the grounds" and that his proximity to people "was an unsafe distance".

Giving evidence to the court, Mr Luszczki insisted he could see the drone the whole time and that he did not believe it was a safety risk as he could see what was below the drone on his screen.

“It had very bright beacons. The end of the concert was dusk, it was perfect conditions for flying and you can see it better than during the day,” he said.

However, Judge Catherine Ryan said: "I do not accept that he could have maintained the line of sight, the first flight was 17:23pm which would clearly be a bright evening in July and the same for 21:06pm, as for the last flight at 22:18pm, one can only assume there was other lights at that time of night." 

Regarding Mr Luszczki claim that he was flying at a safe distance and not over an assembly of people, Judge Ryan remarked:  "Its clear that the drone flew to at the very least the perimeter of what is allowed, its understandable that with 28,000 people present, there would have been all kinds of people assembling in different areas where it was flying." 

Barrister Eoin Morris, representing the Irish Aviation Authority, assured the court that the authorities "are not out for blood" adding that such prosecutions are "more to educate people on these matters."

Having convicted the defendant of the two offences he had denied, Judge Ryan said she was taking into account his previous good record as well as his cooperation with the investigation, conceding that he didn't operate in a clandestine manner on the night.

She further commented that she had to consider the fact that the IAA "wouldn't have authorised a drone license for the event and even though the defendant tried to get permission, he proceeded anyway after failing to do so."

Judge Ryan imposed a €4,000 fine and directed that Mr Luszczki make a €1,000 contribution towards the costs of the IAA.