A judge has directed the acquittal of a Dublin man accused of murdering 15-year-old Toyosi Shittabey following a row with racial undertones.

Michael Barry of Pigeon House Road in Ringsend has also been cleared of producing a baseball bat in the course of a dispute.

The Central Criminal Court heard his deceased brother - Paul Barry - inflicted the fatal knife wound to the Nigerian teenager on April 2nd 2010 at The Boulevard, Mount Eustace in Tyrrelstown.

However the prosecution claimed 26-year-old Michael Barry was part of a joint enterprise with his older brother to carry out the murder.

The prosecution finished calling evidence yesterday and Mr. Justice Barry White has consented to a defence application to withdraw the case from the jury on the basis there is no evidence Michael Barry knew his brother was carrying a knife.

The Central Criminal Court heard on the day of his death, Toyosi Shittabey was in a group of four black males and 5 white females when they passed a green area outside Paul Barry's house at Mount Garrett in Tyrrelstown.

Row with racist undertones

One of the girls asked Michael and Paul for a light for a cigarette which resulted in a verbal row with racist undertones.

A friend of Toyosi - Bobby Kuti - took offence and threw a punch at the Barry brothers.

It was alleged there was a call made to Paul Barry's partner and that a baseball bat was produced.

At the end of the altercation Michael Barry noticed his mobile phone was missing which resulted in the brothers getting into a jeep to track down the group of teenagers and the ensuing fatal attack.

Discharging the jury Mr. Justice White said 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.