A FORMER personal trainer has been cleared of threatening to kill a garda by getting his address from a gym where the officer trained and his girlfriend worked.
Wayne Ebbs (29) was found not guilty of making threats, including an allegation that he told the garda the address would be on record where his girlfriend Edwina Doran worked and "that was how" he would find out where he lived.
Judge Catherine Murphy dismissed the case against Mr Ebbs after a two-day hearing at Dublin District Court.
The father-of-one had insisted he never made the remark and that Ms Doran had stopped working at the gym by the time of the incident outside his Dublin home.
Mr Ebbs, of Rossfield Park, Tallaght, had pleaded not guilty to using threatening, abusive and insulting words and behaviour in October 2009.
Dismissing the charge, Judge Murphy said there was a "doubt in her mind" and she had to give the benefit of that doubt to the defendant.
She said the evidence that the accused's parents had given about what happened on the day had been particularly credible. Garda Ciaran Loughrey had alleged he was on patrol when he heard the accused shout: "f**k off, f**k off".
"The defendant said 'I am going to get you, I am going to find out where you live'," Garda Loughrey had alleged. "He made a direct threat against me."
He had alleged Mr Ebbs said "look over my shoulder" and explained that his girlfriend, Edwina Doran, worked in the gym where the garda trained.
He alleged Mr Ebbs said the garda's address would be on file there and "that was how" he was going to get it.
Ebbs, a deliveryman, insisted the garda began the confrontation by calling him "fathead".
The former personal trainer denied threatening the garda or telling him he would find out where he lived through Ms Doran. "I have no way of finding out his address," he said.
"(Ms Doran) is out of her gym since October 2008 and she has no way of getting her hands on the file."
The garda had denied knowing the accused, but Mr Ebbs said the garda had "acknowledged" him several times in the gym. Ms Doran claimed Garda Loughrey had been "aggressively" in her boyfriend's face.