Judges allow absolute discharge to provoked teacher
12 Mar 10
Appellant now free to undertake charity work with young people
Appeal judges agreed yesterday that a former teacher should not have a criminal record for an assault on two pupils during their "disgraceful" behaviour in class.
Michael Barile was granted an absoute discharge by the criminal appeal court in place of the admonition he was given at Dundee Sheriff Court for the two separate incidents. The difference mans that Barile, who has now left teaching, will be free to work with young and vunerable people in a charity linked to Dundee United Football Club.
In November the appeal court ruled that his conduct did amount to assault while criticising the Crown for bringing the prosecution.
The incidents, which both concerned 14-year-old boys, happened at Lawside Academy, Dundee, where Barile was a maths teacher. In the first, a pupil who had previously been suspended begn misbehaving and attempted to grab a piece of paper on which Barile was noting his behaviour. Barile had grabbed him by the collar and pushed him back, saying "I'll put you through the blackboard."
In the second case a pupil who had been told to stay behind for swearing in class started to walk out of the room at the end. Barile had pinned him against the wall with his forearm.
Barile, who was supported by his union the EIS, said he encouraged all teachers to join a union because they were vulnerable to all kinds of allegations against them.