Clive HardingA SWINDON teacher has been cleared of assaulting a pupil. PE teacher Clive Harding was found not guilty of common assault.
The father-of-two has been suspended from Greendown School after a 13-year-old boy made the allegations.
Following the verdict, Mr Harding's solicitor said in a statement he had been totally vindicated by the court. "If there is any question that remains it is whether this prosecution should ever have been brought in the first place."
There was clapping and cheers from supporters in the public gallery as PE teacher Clive Harding was found not guilty of common assault at Swindon Magistrates Court yesterday after a five-day trial.
The father-of-two has been suspended from Greendown School since the incident on May 17 last year.
A 13-year-old pupil accused him of dragging him violently back into the classroom when he tried to leave without permission and then challenging him to a fight.
Mr Harding admitted pulling the boy back into the classroom but said he did it to protect other children because he believed the boy was high on drugs.
He then restrained the boy by pushing him back into a chair because he feared he was about to pull out a knife, which turned out to be a mobile phone.
Announcing the verdict, chairman of the bench Malcolm Wilford said: "It is quite clear from what has been said that such a charge against a teacher is a career-determining event.
"We believe the action he took was reasonable. We agree that the action was acceptable within the terms of the Education Act 1996."
But he said he was concerned that staff at the school did not appear to be clear about legal guidelines regarding restraint.
"I am concerned that the level of awareness at the school seems to be inadequate," he said.
Earlier Greendown headteacher Steve O'Sullivan had told the court that Mr Harding was an "outstanding teacher who was well respected by staff and pupils.
The boy who made the allegations had been involved in numerous disciplinary incidents at the school over a three-month period. Describing his behaviour, he said: "In the 33 years I have been teaching his behaviour is the most extreme I have come across.
"There have been major disciplinary problems. He would truant from lessons, cause major disruption and did not have the ability to engage with staff who were trying to help him."
The teenager came home on the day of the incident with cuts and bruises which he accused Mr Harding of causing.
But the court heard that on that day the boy was spotted at Freshbrook Primary School banging on windows and running into dense undergrowth.
Defending, Roy Douglas said: "We have to recognise that those injuries could have quite conceivably been caused when he went into the bushes which had thorns and brambles."
He said the boy was a "tainted witness" and said his evidence was totally unreliable.
"I'm not going to beat around the bush. He is clearly a liar and you cannot conclude anything else."
He added: "It has become a horrifying reality that teachers get assaulted not just by pupils but by parents."
In a statement after the verdict, Mr Douglas said: "We are absolutely delighted that this dedicated and committed teacher has not just been found not guilty on a technical basis.
"He has been totally vindicated by the court which said he acted at all times reasonably, appropriately and lawfully.
"If there is any question that remains, it is whether this prosecution should ever have been brought in the first place."
Before Mr Harding can return to work he will face a governors' hearing.
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