A man accused of sending threatening messages via social media that the Russian embassy in Dublin would be "burned down" walked free from court after the case collapsed.
It emerged that the alleged injured party failed to engage with prosecutors, and a witness did not turn up at the scheduled hearing at Dublin District Court today.
Gardai charged Brian Murphy, 53, of The Heights, Newcastle Manor, Newcastle, Dublin, last year under the Harassment, Harmful Communications and Related Offences Act.
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The community worker faced four counts of sending threatening or grossly offensive communications via Facebook with intent to cause harm to the staff of the Russian embassy at Orwell Road, Rathgar, in March 2022, weeks after the invasion of Ukraine.
He was released on bail in October and pleaded not guilty after getting disclosure of prosecution evidence. Defence counsel John Griffin told the court that the defendant would contest the case. The non-jury trial was due to be heard today, however, the court heard no evidence.
A State solicitor told Judge John Hughes, "We are in difficulty today; the injured party is not engaging with us and has informed us he will not be attending today, so we are not in a position to proceed".
The accused, who wore a top saying "Slava Ukraini", which means glory to Ukraine, did not address the court. Mr Griffin asked the judge to dismiss the case for want of prosecution. Judge Hughes noted there was no witness and dismissed the case without prejudice.
At a previous procedural hearing on November 7, Garda Austin Larkin told the court he arrested Mr Murphy after a warrant issued in October.
The Director of Public Prosecutions directed the case to be dealt with at the District Court level and not in the Circuit Court, which has broader sentencing powers. Garda Larkin had alleged the communications were on four dates from March 4 to 16.
In a summary of the prosecution evidence, he alleged messages were sent to the Russian embassy's Facebook account "threatening staff in relation to the invasion of Ukraine".
The court heard they "made reference to the British embassy being burned down" in 1972 and "the same would happen to the Russian embassy, and its staff would not be safe in the State".
In the pre-trial stages, the court ordered full disclosure of Garda evidence, including statements and Mr Murphy's interview video. There was no objection to bail after Mr Murphy consented to the conditions sought by the investigating officer.
He had also been ordered to have no contact, directly or indirectly, with the embassy staff, including by electronic means, for the duration of the proceedings.
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