Judges 'clear' teacher driven to assault two out-of-control pupils

Published on Thursday 11 March 2010 21:35

A FORMER teacher has spoken of his joy after appeal judges effectively wiped out his conviction for assaulting two pupils in reaction to their "disgraceful" behaviour in his class.

Michael Barile, 53, was given an absolute discharge by the Justiciary Appeal Court yesterday, which means the conviction need not be declared by him, except in very limited circumstances.

As a result, he will now be able to work with young and vulnerable people in a charity connected to Dundee United Football Club. As he left the court in Edinburgh, Barile, from Dundee, said: "I am absolutely delighted that common sense has prevailed and I am really pleased for my family who have had to go through a lot.

"I am pleased the EIS (Educational Institute of Scotland] was able to support me through this all the way. I encourage all teachers to join their trade union because they are vulnerable to all kinds of allegations being made against them.

"I definitely have no plans to go back to teaching. I want to start a new career with the charity, United for All, which aims to do work in the community through the football club. I am hoping to secure funding that will allow me to be paid, and that this decision will allow me to do that."

He had also feared that, if the conviction stood, he would have had to give up his work with the Catholic Church as a Eucharistic minister, taking the communion to sick parishioners unable to get to mass.

Barile was convicted by Sheriff Charles Macnair, QC, after a trial at Dundee Sheriff Court, of assaulting two 14-year-old boys in separate incidents in 2008 at Lawside Academy, Dundee.

In the first case, the youth, who had previously been suspended for assaulting Barile, was misbehaving during a maths class and was rude to the teacher. Barile began to note the behaviour, and the youth demanded to see what he was writing. He grabbed the paper from the teacher's desk and refused to return it.

Barile grabbed him by the neck of his shirt and pushed him back a couple of paces, saying: "I'll put you through the blackboard."

In the second incident, the youth swore at Barile during a history lesson and insulted him.

He was told to stay behind after class, but when the bell sounded he started to walk out of the room. Barile pinned him against the wall by putting his forearm across the youth's chest.

After finding him guilty of the assaults, the sheriff decided Barile could be admonished.

Last November, the appeal court ruled his conduct had amounted to assault and that the conviction had to stand but joined a chorus of criticism that he had ever been prosecuted after the youths' "disgraceful behaviour".

Yesterday, Barile returned to the appeal court, this time to challenge his sentence of an admonition. His QC, Graham Bell, successful argued for an absolute discharge to be substituted.

Earlier this week, Barile, who was a teacher for 27 years, settled an employment tribunal claim against Dundee City Council over his sacking.

MORE LENIENT COURT SENTENCES

ONCE someone has been convicted in court, if it is decided that leniency is appropriate, an admonition is usually the preferred option. It is essentially a warning but a conviction with an admonition remains on the person's record.

An absolute discharge is an even more lenient sentence than an admonition. If it is granted, the conviction, without actually having been quashed, is deemed not to be a conviction except in very limited circumstances. The person need not declare it and is free to pursue occupations to which they might otherwise have been barred for having a criminal record.