Date set for Queanbeyan teacher Emma Tiller’s assault case

The case of a Queanbeyan teacher who police allege assaulted a seven-year-old student has returned to court after the NSW Supreme Court quashed a local Magistrate’s decision to dismiss the charges.

Magistrate Rodger Clisdell’s decision to dismiss charges against former teacher Emma Tiller was overturned by the NSW Supreme Court. Picture: supplied

The case of a former Queanbeyan teacher who police allege assaulted a Year 2 student has returned to court after the NSW Supreme Court quashed a local magistrate’s decision to dismiss her charges.

Queanbeyan woman Emma Tiller is charged with assaulting a seven-year-old student on March 9, 2021.

She was charged with common assault and assault occasioning actual bodily harm after allegedly shoving the arms of the child who was playing with blocks in front of his pants, close to another child’s face.

During a contested hearing at Queanbeyan Local Court on March 22 last year, Tiller said she had a “reflex reaction” and thought the child had taken his genitalia out of his pants.

Magistrate Roger Clisdell.

“I yelled out ‘Stop – that’s not appropriate’. He didn’t stop,” Tiller said.

“So I was close enough, complete reflex. I did not think. All I saw was he was still standing like this. And I pushed his arm away from behind.”

Following the hearing Magistrate Roger Clisdell dismissed both charges against her and gave a speech about a “generation who never experienced discipline at school”.

“Gee I wish I could go back and sue all my teachers from primary school,” he said.

“This is a classic case of the insanity that has overtaken society in the 21st century, it started in the 1980s when we advised students they had rights, and we took away the control and power of firstly parents, then teachers, then the police, and even the courts.”

The NSW Supreme Court ordered the case back to the Local Court after an appeal by the NSW DPP last month.

The NSW Supreme Court overruled Magistrate Roger Clisdell's decision to dismiss charges against former teacher Emma Tiller. Picture: Supplied

In her decision Justice Sarah McNaughton SC criticised Mr Clisdell’s “emotive language”.

“It would appear that this matter resonated with (Mr Clisdell) in an inappropriately emotional way and in a manner which appeared to cause him to stray from his judicial task of calmly assessing the evidence, making findings, making a judicial decision, and providing reasons in accordance with the dictates of his office and the rule of law,” she said.

“If a judicial officer feels that they are unable to dispassionately fulfil their role in relation to a particular matter or indeed at all, they should take appropriate steps to withdraw from the particular matter, or generally, and seek help and guidance which is readily available to them.”

On Monday the matter returned to Queanbeyan Local Court for a brief mention to set a date for a new hearing.

Ms Tiller did not appear at court and was represented by her lawyer Paul Edmonds who told Magistrate Michael O’Brien the matter would take three or four hours.

Prosecutors told the court they would hear from three prosecution witnesses, and would present CCTV footage of a police interview of the complainant.

Mr O’Brien set a hearing date for April 26.

The hearing will be heard by Mr O’Brien.