Judges delay appeal ruling on teacher convicted of assaults

Published on Friday 9 October 2009 21:55

JUDGES have reserved their ruling in a landmark appeal by a teacher who was convicted of assaulting two pupils who misbehaved in his class.

The Justiciary Appeal Court in Edinburgh was told this was the first time in more than 25 years that it had been asked to consider the law relating to teachers and how far they may be entitled to go in imposing discipline.

Issues raised in the case of Michael Barile, of Dundee, are being watched closely in education circles throughout the country, and his trial has divided opinion.

Many believe teachers have a duty to abide by the highest standards of behaviour whatever the provocation, while others argue that Barile should not have been prosecuted. .

Barile, 52, was convicted after trial at Dundee Sheriff Court of assaulting two 14-year-old pupils in separate incidents last year at Lawside Academy, Dundee.

In the first, 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 Barile's desk and refused to return it. He was going to destroy it. Barile grabbed him by the neck of his shirt and pushed him back a couple of paces, stating: "I'll put you through the blackboard."

In the second, the youth swore at Barile during a history lesson and called him "a walking penis". 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.

Sheriff Charles Macnair, QC, acquitted Barile of a further three assault charges, relating to other incidents, and admonished him on the two charges on which he found him guilty.