Judge directs acquittal of Michael Barry in Toyosi murder case12/12/2012 - 12:09:14
A judge has directed the acquittal of a Dublin man charged with murdering 15-year-old Toyosi Shittabey following a row with racial undertones.
Twenty-six year-old Michael Barry of Pigeon House Road, Ringsend had denied being party to the stabbing of the Nigerian teenager on April 2nd, 2010 at The Boulevard, Mount Eustace in Tyrrelstown.
The jury heard 15 year old Toyosi Shittabey was stabbed in the heart on Good Friday two years ago following a row between a group of his friends and the Barry brothers which involved racist abuse.
It was the prosecution's case that Paul Barry, who is now deceased, inflicted the wound on Toyosi but that Michael, the accused, was party to the killing.
Mr Justice Barry White today withdrew the case from the jury and directed an acquittal after finding this could not be classed as a joint enterprise as there was no evidence Michael Barry knew his brother was in possession of a knife.
He has also been cleared on a further charge of producing a baseball bat in the course of the dispute
Dismissing the jury, the judge noted that the interests of justice may not have been well served in this case due to Paul Barry's death last year and the lack of co-operation from a prosecution witness who left the country and refused to testify.
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