Nursery smacking case not proven

The charge against Mrs Clark was not proven

A nursery manager accused of smacking a baby boy on the hand repeatedly and leaving the child in tears has walked free from court.

Katherine Clark, 54, was alleged to have "skelped" the one-year-old boy, after he pulled the hair of a baby girl at a nursery in Stirling.

Mrs Clark had pleaded not guilty to assaulting the baby.

After two days of evidence, Sheriff John Rafferty found the single charge against her not proven.

During the trial at Stirling Sheriff Court, nursery nurse Jacqueline Murphy said Mrs Clark had struck the child on 6 August last year.

She said in evidence: "One of the baby boys pulled one of the baby girls' hair.

"Mrs Clark pulled the boy's hand from the girl's hair and smacked his hand.

"She said 'no, no, no, no', and smacked his hand lots of times.

"The smacks were loud enough to be heard.

"The little boy just sat down and cried, and she did nothing to comfort him."

Mrs Clark, who took over as manager of the Bright Beginnings Day nursery in February 2007, was suspended following the alleged incident.

She said the allegation against her was "totally untrue".

She told her solicitor, Liam Ewing: "I have never done such a thing.

"It is completely unacceptable to strike a child.

"I am very disappointed with the suggestion that I would do that."

Announcing his verdict of not proven, Sheriff Rafferty said: "I am not convinced this happened on the 6th of August 2008. Having heard all the evidence I am left in some doubt."