The State is not to proceed with the case against David Heatly, the bouncer who was charged with making a false report to gardaí concerning broadcaster Eamon Dunphy.
A jury of seven men and five women failed to reach a verdict on Mr Heatly after a three-day trial at Dublin Circuit Criminal Court last month in which he denied making a false report at Harcourt Terrace Garda Station on April 30, 2003, intending to show an offence had been committed.
Prosecuting counsel, Mr Remy Farrell BL, told Judge Desmond Hogan today that the State has decided to enter a nolle prosequi in the charges against Mr Heatly.
Mr Heatly (aged 25) of Devenish Road, Kimmage, Dublin, who was then the head doorman at Cats on Leeson Street gave evidence before Judge Elizabeth Dunne that Mr Dunphy had been "drunk, crude and lewd" on the night in question.
He said Mr Dunphy kissed him on the cheek, attempted to kiss him on the mouth, slapped him on the face and groped his testicles after approaching him while he was working outside Cats.
Mr Dunphy denied all the allegations in court and told that he was not a heavy drinker and not an aggressive man "whether inside or outside". He also told the court that there had been "no contact whatsoever" between him and Mr Heatly that night.
He agreed, however, that he did not fully recall the events of the night on which he had spent most of the evening drinking wine and champagne in different wine bars on the south side of the city before heading over to Leeson Street.
Mr Steven Newman, the general manager of Buck Whaleys, the nightclub adjacent to Cats, told the jury that Mr Dunphy had kissed Mr Heatly on the cheek during some light-hearted banter exchanged between the men before Mr Dunphy went into his club.
He said after the kiss Mr Heatly had turned around to them and said: "That’s assault. You all saw that." He also said that if he made an allegation of indecent assault he stood to make about €15,000 as Mr Dunphy was likely to "settle out of court". He then went to the gardaí.
Mr Farrell, in summing up the prosecution case to the jury, said Mr Dunphy was a "good but not great" witness and that they should rely more on the evidence from Mr Newman.
Mr Colm Ó Briain BL, defending, told the jury that it should take into consideration that the two versions of the story given to them as evidence by the State’s two primary witnesses, Mr Dunphy and Mr Newman, vary far too greatly for there to be a safe conviction.