The judge also cited the failure of a crucial witness to give evidence and the fact that Paul Barry was now deceased.
The trial had previously heard there was no suggestion Michael Barry had carried out the act of killing Toyosi, but that he had driven his brother to the scene where it was claimed that Paul Barry stabbed the teenager.
One of the girls asked for the light of a cigarette from Paul Barry. A row then ensued with “racist undertones” and name calling. The fight later broke up.
Believing a phone was taken by the group, Mr Barry and his brother Paul pursued them in a car.
They encountered them at a roundabout in Tyrrelstown.
The court was told Paul Barry, holding a knife, approached one of the youths.
Shittabey went to his assistance at which point Paul Barry turned around and, the prosecution said, the knife “ended up in the chest of the deceased”.
Paul Barry went back to the car where, it was alleged, Michael Barry had remained and both men drove off.
Today, Judge White directed a not guilty verdict be given, saying during the course of the trial the jury had heard from eight of the young people present on the day.
However, one witness now living in England had “refused to co-operate” and while the judge did not know what his evidence may have been, the prosecution had indicated it was “important”.
“In circumstances where the accused man’s brother has died and with the refusal of a witness to co-operate, the interests of justice may not be well served in this case” were it to continue, Judge White told the jury.
Michael Barry was acquitted and later left the courtroom.