A MAN who was accused of burglary at a city centre travel agent and allegedly identified on CCTV was in jail at the time, a court heard.
Keith Graham (34) was cleared of two burglary charges after it emerged he was on remand in Cloverhill Prison at the time of one of the incidents.
Dismissing both counts, Judge David McHugh said it would be unsafe to convict him of the other burglary as a witness said they were both committed by the same man.
Graham, of Gloucester Place Upper, Dublin 1, had pleaded not guilty to burglary at Martin Mulcahy Travel, Abbey Street, on October 20 and November 17, 2009.
Garda Declan Reynolds told the court he was called to the premises at 7.35pm on the earlier date. Colm Mulcahy, administrator at the company, told him a man had been trespassing on the premises and when confronted, he said he was looking for "the music centre". CCTV footage was taken from the premises next door.
Four weeks later, he was called back to the travel agents, where Mr Mulcahy said he had escorted two intruders off the premises. He believed the same man and an unknown male were the culprits. No suspect in relation to the unknown man was before the court.
The garda viewed CCTV and was satisfied it was the same suspect.
Video footage of the second incident only was shown in court because the early CCTV evidence was not viewable for technical reasons.
Mr Mulcahy said staff at the offices referred to them as Fort Knox because it was so difficult to get in. Anybody who was not a keyholder had to be buzzed in by someone inside. In the October incident, his father, the owner, was seeing some visitors out.
He heard someone "tiptoeing" around upstairs before coming down and "browsing" the office. When asked to leave, the intruder did so, before returning and walking past Mr Mulcahy.
He pointed out the defendant in court and said he was the intruder on both occasions.
But Graham's solicitor said he was in prison on remand on November 17.