A MAN'S claim that he was defamed after being falsely accused of stealing a toy duck has been dismissed.
David Mongan's action, in its third day in the High Court, was struck out following legal argument for the defendants.
Mr Mongan (28, pictured) claimed he was defamed in November 2007 when a guard at Smyths Toy Superstores in Tallaght asked him in front of other shoppers: "Where is the duck? I know you have it. Take it out. I'd like to see where the duck is."
Mr Mongan, a member of the Travelling community, of Rathfarnham, Dublin, brought an action seeking damages against Smyth's Toys, Smyth's Toy's Holdings, Smyth's Toys Properties Ltd and Goldforce Security Management.
Mr Justice Eamon De Valera told the jury he was dismissing the action, saying he was satisfied it had not been proven there was malice in the words alleged to have been said to Mr Mongan, against whom the costs of the case were awarded.