Dundee pupil assault teacher wins appeal

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Mr Barile said he was delighted that common sense had prevailed in the case

A Dundee teacher convicted of assaulting two pupils has won an appeal against his sentence.

Michael Barile, 52, was admonished after being found guilty following a trial at Dundee Sheriff Court in 2008.

But the sheriff accepted he was subjected to "extreme abuse" by the two pupils he assaulted.

Barile failed to overturn his conviction last year, but was allowed to challenge the sentence. He has now been given an absolute discharge.

The decision by Lord Kingarth and Lord Mackay of Drumadoon means Barile has escaped punishment for the offence and only needs to declare his conviction in exceptional circumstances.

Dismissal claim

It also allows him to start a new career working with youngsters at a charity linked to Dundee United Football Club.

After the hearing at the Appeal Court in Edinburgh, Barile 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."

He confirmed he had no plans to return to teaching.

The former maths and history teacher lost his job at Dundee's Lawside Academy after his conviction.

On Monday, Barile dropped his unfair dismissal claim against Dundee City Council after reaching an agreement with his former employers.

He faced potentially major legal costs for the tribunal case.

Barile was found guilty in December 2008 of grabbing one 15-year-old by his jumper and threatening to throw him through a blackboard, and pinning another against the wall.

It is simply unacceptable for any teacher to be faced with insulting, abusive or threatening behaviour in the course of their working lives Drew Morrice EIS

The sheriff admonished him because of the abuse he had suffered and the effect it would have on his career.

Barile's attempt to overturn the conviction was refused, but the appeal judges accepted he had faced "disgraceful behaviour" and "extreme provocation" from some of the pupils in his class.

A month after Barile's conviction, about 200 people joined a rally in Dundee in his support.

But his family home in the Downfield area became a target for vandals after the court case.

Windows were smashed, eggs thrown and car tyres destroyed in separate incidents.

The EIS teachers' union said the case had highlighted the "intense levels of pressure" teachers could be placed under by pupils' abusive behaviour.

The union's assistant secretary Drew Morrice said: "All employees, including teachers, should have the right to work in a safe and secure environment, free from the threat of verbal or physical abuse.

"It is simply unacceptable for any teacher to be faced with insulting, abusive or threatening behaviour in the course of their working lives."