A TEACHING assistant last night spoke of his relief after he was cleared of assaulting a pupil.
David Paul Johnson has been suspended from his job at a secondary school in County Durham for nearly a year since the classroom incident put his career in jeopardy.
The 59-year-old learning support assistant was alleged to have kicked a classroom door closed, inadvertently trapping the teenage boy’s hand, during a lesson in November last year.
Mr Johnson, of Elwick Avenue, Newton Aycliffe, County Durham, said he was unaware the boy’s hand was in the door and denied a charge of assault causing actual bodily harm.
On the opening day of his trial, at Durham Crown Court on Monday, the jury was told the boy was asked to go to see another teacher by some other pupils who had come to the classroom, but he ignored several requests by Mr Johnson to remain in his seat.
He got up and Mr Johnson asked him to move away from the door, before he kicked it shut, causing the boy to suffer a broken finger.
On the second day of the trial, the court heard from two 14-year-old female pupils, one of whom said Mr Johnson raised his voice, but did not seem angry. The other described the boy as being “rude and cocky”, and took no notice of the requests to sit down.
She said that when the injury happened, Mr Johnson appeared extremely shocked, and said: “He did not expect it to happen.”
The girl added that Mr Johnson took the class for basketball and was extremely popular.
After she concluded her evidence, Judge John Evans stopped the trial and asked prosecuting lawyer Richard Cowen “Where is this going?”, comparing the incident to where a distracted parent may inadvertently close a door on their child’s finger.
Following a delay while the prosecution considered the case, Mr Cowen returned to court and offered no evidence.
Judge Evans told the jury that at the weakest it was a complete accident and at the strongest, it was “an act of negligence in not contemplating that some slight injury might result”.
He said the prosecution must prove criminal culpability, and added: “I asked Mr Cowen to have time to reflect and he came to the conclusion it would not be right to tell you to convict.
“I wholeheartedly agree.”
The jury foreman returned a formal not guilty verdict.
Having been discharged, Mr Johnson said it was a relief after having it hanging over him for so long.
He said: “It has been a year, and I am also concerned about the amount of stress the young people have been in during this.”
Mr Johnson, a learning support assistant for eight years, said he would now seek the advice of his union, the Association of Teachers and Lecturers (ATL).
A spokeswoman for Durham County Council, the education authority, said last night that Mr Johnson remained suspended until the school had carried out an investigation into the incident.
The ATL was unavailable for comment last night.
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