The High Court has struck out an action against Smyths Toys by a Dublin man who claims he was wrongly accused of stealing a toy duck.

David Mongan from Rathfarnham, sought damages, alleging that he had been defamed at the Belgard Road, Tallaght branch of the toy superstore on 27th November 2007.

Boxing coach David Mongan claims he was Christmas shopping in Smyths when a security guard confronted him and said 'Where is the duck, I know you have it, take it out'.

He said he has picked up the walking-talking duck as a present for his then 1-year-old son and that it had been put into his wife's shopping basket.

The 28-year-old told the jury that being accused of shoplifting had left him red with embarrassment.

However the security guard at Smyths gave a different version of events and told the court that he had only asked Mr. Mongan to stop messing with the toy.

After legal argument Mr. Justice Eamon de Velera struck out the case and discharged the jury finding that the father of one had failed to show there had been any malice in the incident.