The judge in the case of a Donegal-based garda charged with sexually assaulting and harassing two female garda colleagues has withdrawn one of the charges.
Judge John O'Hagan told the jury of ten men and two women that the evidence was not clear or strong enough in relation to one of the seven charges of sexual assault against Garda Kevin Corby.
Garda Corby has pleaded not guilty to all of the charges against him, including two charges of harassment.
On the third day of the trial at Letterkenny Circuit Court, Garda Corby's defence barrister, Peter Nolan, said that this was a ridiculous case for the DPP to bring before the people of Ireland.
Garda Corby, a married man in his 30s, did not give evidence but his barrister said this was a case of political correctness gone mad, a total and utter "storm in a teacup".
In relation to the alleged sexual assaults, Mr Nolan said there was no evidence of indecency. In relation to one allegation, he said there is no evidence it ever happened.
He said the evidence in relation to the sexual assaults was vague, inconsistent and unclear.
Mr Nolan told the jury that there may have been inappropriate behaviour but that is not a crime.
He said that nowhere did anyone in the garda station step in and say "you can't do that".
Referring to a Christmas party in 2010 when one of the complainants gave the accused a pair of Santa boxer shorts for a "secret santa" present at the station party, Mr Nolan asked what kind of message did that give.
It seems to be that she was as much a part of the banter and goings on in the station as anyone else, he said, and it was the same in relation to the second complainant.
Mr Nolan said that some of the comments made by Garda Corby may have been derogatory and insulting, but he said that is not a crime.
He told the jury that if they believe the complainants, then all workplace banter is suspect and everything becomes impossible after that.
Mr Nolan said that no complaint was made in relation to the allegations for over a year and that the female gardaí did not use the garda "Working Together" policy document on bullying.
He said at no stage did they seek to change their rosters to get away from him or request a transfer.
Mr Nolan said that it simply did not add up that he is facing criminal charges.
Prosecuting barrister Patricia McLaughlin told the jury that there was a world of difference between workplace banter and what occurred in this case.
She said that the harassment was of such intensity and on such an insidious and continuous level that it led to extreme distress.
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