Teacher in trouble

Our client was a relief teacher who was accused of pushing a primary school student during a lesson. Although our client’s attempt to discipline the student by raising her voice was futile, she did not touch the student and thereby commit an assault. She had been self-represented up until a fortnight before her trial date and made a last minute decision to engage legal counsel for advice and representation We reviewed the evidence and were confident that we would succeed at trial. On the day of the trial, the prosecution made an application to adjourn the trial on the basis that during the weekend, they identified the need for further investigations to be conducted despite the trial having been set more than six months earlier. We strongly resisted this application and were ready to proceed to trial. Our client’s ability to secure employment had been impeded by the assault charge and any further delay would occasion prejudice and financial detriment to her. We also pointed to the absence of any public interest to require two school aged witnesses to be summonsed to attend court for second time to give evidence. The Magistrate agreed with our submissions and refused the prosecution application to adjourn the trial. This forced the prosecution to offer no evidence on the assault charge, enabling the Magistrate to enter a judgment of acquittal. Our application for costs was granted in full.