Student assault charges against primary school teacher dismissed

A teacher falsely accused of assaulting four students is now pursuing police for her legal costs after a magistrate dismissed the charges against her, saying one of the accusations was a “fabrication” by a boy who had “clear dislike” for her.

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A teacher falsely accused of assaulting four students is now pursuing police for her legal costs after a magistrate dismissed the charges against her, saying one of the accusations was a “fabrication” by a boy who had “clear dislike” for her.

The 58-year-old primary school teacher — who has not worked since the allegations were made — kept her head bowed as Magistrate Daniel Covington dished out criticism to police for failing to interview adult witnesses while he delivered his judgment at Liverpool Local Court on Monday.

The woman had pleaded not guilty to six counts of assaulting three boys and a girl in May last year at a school in southwest Sydney. Neither the teacher nor the school can be identified for legal reasons.

She was accused of pinching, pushing, punching, scratching and spitting on the students while she was their teacher in a composite Years 3/4 class.

Four students gave evidence at a hearing including one boy who said the teacher was like the headmistress Miss Trunchbull from the movie Matilda.

Four students — three boys and a girl — gave evidence at the hearing, including one boy who said the teacher was like the headmistress Miss Trunchbull from the movie Matilda

Mr Covington stressed he did not determine the students’ evidence was unreliable simply because they were children. He said their accounts of what happened changed or “grew in detail” over time as they spoke to different teachers and police. And in some instances, he said, their evidence was “implausible”.

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Mr Covington said one boy, who on her first day told the teacher: “We don’t like people that aren’t Arabic” and that she looked like Donald Trump, had a, “clear dislike for the accused”.

He said the youngster claimed the teacher spat on him, but had never reported the allegation to the two teachers to whom he originally complained. Instead he made the allegation only when interviewed by police.

The same boy claimed he saw the teacher scratch another student drawing blood, which Mr Covington concluded must have been either a “fabrication or at best an exaggeration”.

Mr Covington said another incident where the teacher was accused of pushing a student against the wall and saying: “F..k off” was highly unlikely.

Students alleged the teacher pinched, pushed and spat at them. Picture: Adam Yip

The court heard the incident was witnessed only by the girl accuser.

“It is completely implausible in my view that no one else would have witnessed it,” Mr Covington said.

He criticised police for failing to interview other adults who may have been in the classroom at the time of the alleged assaults or other students.

During the hearing the teacher gave evidence that the class was “chaotic”, recounting having to break up several fights between boys who were punching or kicking each other. She said the class’s previous teacher had told her to, “be firm with the students because there was a lot of behavioural issues”.

Her lawyer Ian Fraser told Mr Covington they will ask police to pay their court costs on the grounds that the investigation was conducted “in an unreasonable and improper manner”.

The Education Department said a decision on the woman’s “future employment status” will not be made until the department conducts “any subsequent investigations”.

The case has been adjourned until next month for the defence application on court costs.