Anger therapy for principal in assault case

The judge in the case of school principal accused of assaulting a pupil with Asperger’s syndrome in June 2014 yesterday found the facts of the case proved against him.

“I have no difficulty accepting that the accused did not intend injury but he was reckless as to whether an injury might occur,” the judge said.

“I cannot imagine how the accused’s behaviour could be considered acceptable. I cannot contemplate how the force used was reasonable.

“The State has proven the case against the accused and I, therefore, am entitled to convict,” Judge John King said yesterday at Cork District Court.

But defence solicitor Frank Buttimer said: “I would ask you not to record a conviction. You may well record the facts as proven.”

John Brosnan, state solicitor, who prosecuted, said, “He has no previous convictions. He is a man otherwise of very good character.”

Judge King said: “I accept this was by no means a straightforward matter and this child did have difficulties. I understand the old cry of over-worked and under-staffed.

“The accused is well-respected by staff and the general public. It was out of character. It was unfortunate from everybody’s point of view. I don’t think there was any physical harm or lasting harm. But he does hold a very important position.

“He is a teaching principal.

“People place their children in his care and they expect the highest standard, which he has done in the past.

“Because of his previous good character I will give him the benefit of a conditional discharge under the Probation Act.

“It may be advisable that he would undergo an anger management course.”

The judge put the man under the probation service only for the purpose of the anger management course.

Mr Buttimer said: “I appreciate you not recording a conviction because of the antecedent matters.”

A discharge under the Probation of Offenders Act is something that is often given in district court cases where a person commits a single offence against a background of no previous convictions.

Parties are not identified to protect the identity of the schoolboy. Two women visiting the school for a delivery were alarmed by what they saw; they called the gardaí, and claimed the man had assaulted one of the pupils.

The nine-year-old boy later told investigating gardaí his teacher dragged him from one room to another and shouted into his ear: “I am sick shit of you.”

One of the special needs assistants said she approached the principal after the arrival of the gardaí and asked him if he was OK and he replied: “I just lost it. I just lost it.”

The accused denied making this comment.

In his judgment yesterday, Judge King said he was not relying on the evidence of the child but was able to reach his decision based on adult witnesses, not just of the two women visiting the school, but also members of the school staff. In respect of those two witnesses who worked with the accused, they said they respected him and wished him well but they had given evidence that contradicted his version of events on June 24, 2014.