THE case against a man accused of stealing Creme Eggs from a shop has been struck out by a judge.
The charge against Anthony O’Connell (41) was thrown out after a court was told that a garda witness could not attend.
Mr O’Connell had been due to be tried on a theft charge when his case came before Dublin District Court. When Judge Kathryn Hutton heard the prosecution witness was not present in court, she struck the case out.
Mr O’Connell, of Meath Place, Dublin 8, had been charged with stealing a box of Cadbury’s Creme Eggs worth €3.
The theft was alleged to have happened at Lidl on Moore Street on March 9.
Mr O’Connell had pleaded not guilty to the charge when he appeared at an earlier sitting of the court.
On that occasion, another judge expressed surprise over Mr O’Connell’s prosecution.
Judge Anthony Halpin told the court “you couldn’t make it up” when the case came before him.
On that earlier court date, defence solicitor Claire Barry had said the accused was seeking a date for hearing.
Unimpressed, Judge Halpin read the charge sheet before him and said: “Three state witnesses, him, a judge and a solicitor, for a Cadbury’s Creme Egg? You couldn’t make this stuff up.”
Ms Barry clarified that the allegation concerned a box of Creme Eggs, not just a single one.
“Is it the chicken or the egg, which came first anyway?” the judge added.
Mr O’Connell had been on bail on the charge.