Woman on trial for assault of special needs student on school transport has charges dismissed

Defendant intervened to separate boy from another student he was hitting and was bitten on the thumb so hard it exposed bone, court told

Judge dismissed the charge against the woman of assault causing harm to the young teenager and described it as a very difficult case, involving vulnerable children with challenging behaviours. Picture: Larry Cummins

An assault charge was dismissed against a woman in her 60s on Wednesday, where she was prosecuted on a charge of assault causing harm to a special needs student as she intervened to separate him from another student he was hitting.

The woman was working as an escort for the students travelling home from school on the afternoon of June 5, 2024, and she was herself bitten deeply on her thumb by the boy she was put on trial for assaulting.

Defence solicitor Joseph Cuddigan submitted at the close of the prosecution evidence at Cork District Court the case against the woman should be dismissed on the basis it was a proportionate use of force to protect the other student in the vehicle.

“My client had a choice — she could have sat on her hands and let the other boy suffer multiple bites from [the boy she was accused of assaulting]. And instead she was bitten on the thumb,” Mr Cuddigan said, adding the bite was so deep it exposed bone.

Inspector Darren Reid argued the woman’s actions were not proportionate or necessary and the dashcam footage of the incident showed her striking the boy twice to the face and forcing his head to the window. He described the strikes as lashing out.

Judge Philip O’Leary dismissed the charge against the woman of assault causing harm to the young teenager and described it as a very difficult case, involving vulnerable children with challenging behaviours.

“She was doing her best to try and protect the other child. In fact, she suffered a very serious injury herself. Things could have been worse had she not intervened. It seems that the system of transport is at best inappropriate. That should be given some consideration.

“I think the defendant did her best in the circumstances… I am dismissing the charge,” Judge O’Leary said.

Mr Cuddigan said the result meant an awful lot to the woman, who has been doing this work without complaint for many years.

There is a legal prohibition against naming the children and publication of the defendant’s name or the school could give rise to their identification.

Apart from the incident being shown on video screens in court, none of the children was present. The mother of the boy who had allegedly been assaulted did give evidence her son’s eye was swollen and there was blood coming from his nose. 

She said there was blood on his neck and t-shirt. She photographed the marks on her son’s face and neck and presented these pictures when she made a complaint at her local Garda station.

A teacher at the school testified that on the morning before this afternoon incident in June 2024, she was doing one-to-one numeracy work with the young teenager when he made an attempt to scratch and bite her.

Mr Cuddigan said on the day the defendant was escorting the boy and other students home in their transport she was never informed of the morning incident.