A High Court judge has dismissed an action for defamation by a Dublin man who alleged he was wrongly accused of stealing a toy duck in store.
David Mongan had alleged a security guard at Smyths Toy Superstores, Belgard Road, Tallaght, had asked him in a loud voice in front of other shoppers on November 27th, 2007: “Where is the duck. I know you have it. I want to see it. Take it out. I’d like to see where the duck is and what have you done with it.”
He alleged this happened in front of other shoppers and he suffered depression after the incident.
Mr Mongan, Owendoher Haven, Ballyboden, Rathfarnham, brought the case against Smyths Toys; Smyths Toys Holdings; Smyths Toys Properties Ltd and Goldforce Ltd trading as Goldforce Security Management. The defendants denied all the claims against them.
In a ruling following completion of evidence on the third day of the case, Mr Justice Éamon de Valera dismissed the action and discharged the jury.
Following an application by Joe McGettigan SC, for the defence, the judge said he was satisfied it had not been proven there was malice in the words alleged to have been spoken to Mr Mongan.