A schoolboy accused of throwing a bottle studded with safety pins at a dinner lady was told by magistrates he had no case to answer today.
The 13-year-old, from Darlington, denied assault causing actual bodily harm and possessing an offensive weapon during an incident at a comprehensive school in the town on March 12 last year.
The charges were dismissed at a trial at South Durham Youth Court in Newton Aycliffe, after the prosecution's key witness, a 14-year-old fellow pupil, admitted lying.
Prosecutor Sharon Nevison earlier told the court the dinner lady was standing in the playground during lunch break when she was hit in the face with a "green object" which the defendant, who cannot be named for legal reasons, had taken from his pocket and thrown.
The magistrates were shown the alleged weapon, a green plastic miniature Gordon's gin bottle, with safety pins protruding from it.
The dinner lady, 48, told the court her right cheek was permanently scarred from the attack.
The 14-year-old witness gave his evidence by video link, telling the court he saw the defendant throwing the bottle and it hitting the dinner lady.
But when cross-examined by barrister Lorraine Mustard, for the 13-year-old, he said he wasn't sure what the object was or that he saw it hit her.
And he admitted he had initially lied to teachers by saying he didn't know who had thrown it, but had not told that to police.
Miss Mustard told the magistrates' bench: "The evidence that you have before you does not amount to a prima facie case. The only witness you have has already admitted he's lied."
Bench chairman Leslie Abbott said: "We find that the evidence was manifestly unreliable."
The dinner lady told The Northern Echo after the verdict she was angry with the way the school had handled the attack.
It did not inform police immediately and was not able to give investigating officers a file containing statements about the incident.
"I have still got the scar now," she said. "It's about 2 inches long and at the time it became all infected because the safety pins were dirty. "It looks as though I can't get compensation now because the police were not informed within 48 hours."
The school could not be contacted for comment.
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