"Where's the duck? I know you have it. I want to see it. Take it out."

A 28-year-old Dublin man's claim that he was defamed after he was wrongly accused of stealing a toy duck by a security guard has been dismissed.

David Mongan's action, which was in its third day before a High Court jury, was struck out by Mr Justice Eamon De Valera following legal argument made on behalf of the defendants.

Mr Mongan claimed he was defamed when a security guard at Smyths Toy Superstores on the Belgard Road Tallaght on November 27, 2007 asked him in a loud voice in front of other shoppers: "Where's the duck? I know you have it. I want to see it. Take it out. I'd like to see where the duck is and what have you done with it."

Mr Mongan, a member of the Travelling Community, of Owendoher Haven, Ballyboden, Rathfarnham Dublin 16, brought a High Court action seeking damages against Smyth's Toys, Smyth's Toy's Holdings, and Smyth's Toys properties Ltd, and security company Goldforce Ltd T/a Goldforce Security Management.

He alleged that following the incident he suffered from depression, which became so bad that at one point he considered taking his own life. The defendants had denied all the claims against them.

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