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Judge criticises prosecution of Wirral teacher for assaulting pupil saying there was "no realistic prospect of a conviction" PDF Print E-mail
A JUDGE has criticised the prosecution of a Wirral teacher for assaulting a pupil saying there was "no realistic prospect of a conviction".

A student at the Wirral Alternative School Programme (WASP) in Wallasey claimed to have been dragged along a wall and thrown into the hall by deputy head Gillian Alleyne.

It was said to have happened while students were gathered in the school hall after paramedics were called when a member of staff collapsed on October 5 last year.

Mrs Alleyne - represented by Cobleys Solicitors - was said to have been blocking one of the doors when the student – who cannot be named for legal reasons – ducked under her arm and left the room.

Giving evidence by video link the student claimed to have been grabbed by the arms by Mrs Alleyne, who allegedly then yelled the police would be called.

Another member of staff, Sarah Gosling, broadly supported the student’s description of events but later admitted she had read the student’s account before making her statement.

A third witness, Lisa Collinge, told the hearing at Birkenhead Magistrates Court that Mrs Alleyne had only blocked the student and was trying to calm the situation down.

She said the student was "really distressed" and added: "Mrs Alleyne was saying 'get back into the hall' before taking hold of one hand and ushering the student back with the other hand."

Mrs Alleyne was suspended after a police investigation following the student’s complaint and had since been offered another job despite the allegation. But she told the court this was withdrawn over a problem with her reference.

A character witness, Michelle Noble, who had worked with Mrs Alleyne in Cheshire, told the court the defendant was "extremely honest and reliable" and said her "integrity is beyond question".

Giving evidence, Mrs Alleyne said she had been verbally abused by the student who called her a "fat cow". The court heard she had never before been the subject of a complaint.

Judge Michael Abelson said the case boiled down to a student with a "history of violence and misbehaviour" against a teacher with 21 years experience and of "impeccable character".

He said Miss Gosling’s "memory seemed to be very selective" and said it was "unprofessional" of her to have read the student’s account in the way she did.

Awarding full costs to Mrs Alleyne, he said: "I have to say when one looks at this in the round, in my view there was no realistic prospect of a conviction in this case.

"She is completely innocent of this allegation.

"I assume this case has cost a considerable amount of money, many thousands of pounds, at a time when the country is in financial difficulties, money which was entirely wasted in bringing this prosecution."

A spokesman for Wirral Council said: "The member of staff involved was suspended from duties while investigations were undertaken. She has since resigned her position to seek alternative employment and will face no further action from us."

http://www.liverpoolecho.co.uk/liverpool-news/local-news/2011/03/03/judge-criticises-prosecution-of-wirral-teacher-for-assaulting-pupil-saying-there-was-no-realistic-prospect-of-a-conviction-100252-28276984/