‘FAT’ Freddie Thompson’s brother has walked free on a public order charge - after the State’s legal service did not appear in court.
Richard Thompson (34) had a high profile case against him - for abusing gardai - dismissed after the Chief Prosecuting Solicitor’s Office (CPS) declined to make any legal arguments to the judge.
Thompson, the elder brother of the notorious city crime boss, had been accused of hurling abuse at officers outside a pub in Temple Bar, allegedly asking one garda: “Do you know who I am?”
He was cleared of the charge this week when a judge heard that the CPS office had not responded to legal submissions in the case.
Thompson did not turn up in court for the hearing, as he had been excused, it emerged.
The 34-year-old, of McDonagh House, Golden Lane, South inner city, had denied charges of using threatening, abusive words and behaviour as well as failing to obey garda directions. He had been cleared of a charge of refusing to give his name and address in the same incident.
At an earlier hearing Judge Victor Blake had invited a State response to submissions made by Thompson's defence team, but Dublin District Court heard this week that the CPS office had not done so.
Judge Blake said he had to accept the legal arguments made by the defence and dismissed the case.
Dublin District Court heard previously that when Thompson was asked to leave a city bar, he allegedly told an officer, "You know who I am", before hurling abuse.
The incident was alleged to have happened after his arrest outside Busker's in Temple Bar.
When the case came back before the court this week, prosecuting garda Amanda Flood said she had been in contact with the Chief Prosecuting Solicitor's office and was told that they would not be represented in the case.
Defence Barrister Keith Spencer said the CPS was "effectively disowning" the case.
Judge Blake said: "Because there has been no response I am accepting the submissions made by Mr Spencer and I am dismissing the charges."
Gardai had previously alleged
that Thompson was one of two men had been brought out of the bar by gardai at around 10.30pm.
Both were intoxicated and abusive and were "giving out considerably", it had been alleged.
"He told me I knew who he was," Garda Flood had alleged. "I said I had never dealt with him."
Garda Flood said that Thompson then told her she should refer to a particular Sunday newspaper and then she would his name.
She said he made this remark four or five times.
Thompson was arrested and brought to Pearse Street Garda Station.
Cross-examined, the garda had she could not recall what abusive words exactly Thompson had used, stating "it was the tone and language in general".
Mr Spencer had argued that Thompson had been unlawfully detained when the other gardai took him from the bar and then left the scene.
Those gardai were not in court to explain why they brought Thompson out of the bar.
He also said Garda Flood had not given Thompson the full legal direction to leave but had just told him to go home. He went on to say she had no grounds for arresting him.
Thompson's barrister also said there "gaps in the case and a lack of specificity" because there was no evidence of the abusive language.