Chipping Norton PS: Kane Durrant found not guilty of intimidation
A popular snake catcher and wildlife conservationist has been found not guilty of intimidating a schoolteacher on school grounds.
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A wildlife conservationist and snake catcher has been found not guilty of intimidating a primary school teacher.
Magistrate Allison Hawkins dismissed the charge following a day-long hearing at Liverpool Local Court.
Police had alleged Kane Logan Durrant, of Catherine Field, intimidated Year Two teacher Aaron Mifsud after school had finished for the day on September 23, 2019.
The 31-year-old — a well-known snake catcher and part-time teacher at the University of NSW — had pleaded not guilty to intimidation.
During the hearing, Mr Mifsud gave evidence about Mr Durrant, saying he appeared “very angry and agitated” when he came to his classroom at Chipping Norton Public School and asked to speak with him while he was meeting with another parent.
Mr Mifsud testified he was “worried for my safety and for those in the room” and that at one point Mr Durrant was “so close that as he was speaking he was spitting on me”.
A teacher from a neighbouring classroom heard voices and came over to intervene.
During his testimony, Mr Durrant told the court he wanted to speak with Mr Mifsud.
After Mr Mifsud told him he was in a meeting, Mr Durrant said he wanted to have a conversation about an alleged incident, but Mr Mifsud “scoffed and said “an incident? Listen to it.”
Mr Durrant told the teacher he was “trying to handle this professionally”, which was met with a scoff by Mr Mifsud, who allegedly replied, ‘You’re not a professional. Look at you.’”
“I was feeling very distressed at this point and very defensive … I then took a step towards Mr Mifsud … I did say in a firmer voice again, I said, ‘listen mate, you f***ed your job up. We’re taking it to the Department of Education.”
Mr Durrant alleged the teacher pushed his chest towards him and at one point he told Mr Mifsud to “f*** off” and “get the f*** out of my face”.
He told the court he later apologised to staff for swearing on school grounds and “it’s not a way I would normally behave”.
Two witnesses — the parent who was in the classroom at the time of the exchange and the teacher who intervened — were also called to provide evidence.
During submissions, the prosecution told the court the charge of intimidation had been proven beyond reasonable doubt and alleged Mr Durrant “downplayed his involvement somewhat”.
Mr Durrant’s barrister Stephen Cairns said his client came before the court as a person of good character who had no criminal convictions.
Mr Cairns submitted there was “no victim” in the exchange and the prosecution did not establish “any specific intent” to cause fear of physical harm.
“He went there to get an apology and that’s as far as it went,” he said.
In handing down her judgment, Ms Hawkins said both men had found themselves in a situation that was “unedifying” for both.
She said during his testimony, Mr Mifsud appeared “at pains to paint himself” as the victim and she could not accept his version of events “unreservedly”.
Ms Hawkins also found Mr Durrant “downplayed” his involvement, but that did “not make him untruthful”.
“I accept he felt genuinely embarrassed that things got out of hand,” she said.
She found Mr Mifsud was defensive and dismissive “at a time when he ought to have been neither” and was ultimately not satisfied the charge had been proven.
The charge was dismissed.