A MAN accused of threatening to kill his wife and taking her phone so she could not ring the gardai has had the case against him dismissed.
Khasbat Genden (45) had been charged with breaching a barring order after allegedly letting himself into her apartment after one of her children left the door unlocked.
It had been alleged he went on to verbally abuse his wife and threaten to kill her, eventually falling asleep on the floor.
But the case was dismissed at Dublin District Court after the prosecuting garda failed to produce a copy of the barring order.
Judge Cormac Dunne said the order had to be in court to prove the charge.
Genden, of New Cabra Road, failed to appear in court to face the charge, under the Domestic Violence Act.
The incident was alleged to have happened at the Old Distillery Apartments, Smithfield, on May 10 last.
Garda Barry Ryan told the court he was called to the scene of a reported domestic incident.
The defendant's wife told him the accused had pushed his way into the apartment and threatened her.