Ex-teacher granted appeal over criminal record

Published on Thursday 10 December 2009 19:42

A FORMER teacher was given the go-ahead yesterday to make a last-ditch attempt to wipe out his criminal record for assaulting pupils.

Last month, Michael Barile, 52, of Dundee, failed to have two convictions overturned by the Justiciary Appeal Court, which ruled that his conduct in seizing one teenager by the clothing, and pinning another against a wall, had been criminal offences.

However, the three appeal judges said it was difficult to understand why Barile had been prosecuted at all, given his "relatively insignificant" response to disgraceful behaviour by the pupils.

Yesterday the court allowed Barile's lawyers to lodge out of time an appeal against his sentence. He will now be able to ask for an absolute discharge.