• STV
  • MySTV

Teacher given chance to wipe assaults from record

Appeal judges allow Michael Barile to challenge sentence for minor assaults on pupils - even though deadline has passed.

Teacher given chance to wipe assaults from record

A former teacher dragged through the courts after classroom confrontations with abusive pupils has been given a chance to wipe the assaults from his record.

Judges in Edinburgh allowed Michael Barile, 52, to challenge his sentence on Thursday - even though the deadline for such an appeal has passed.

Two weeks ago at the Justiciary Appeal Court in Edinburgh the same judges threw out Barile's attempt to overturn his convictions for minor assaults on teenage boys - but added a note of sympathy and backing for the ex-maths teacher.

They said the prosecution was not in the public interest, given the teenage boys' "disgraceful behaviour."

Barile was admonished after a trial at Dundee Sheriff Court last December.

But he also lost his job at Dundee's Lawside Academy even though a Sheriff Charles Macnair QC told him: "I accept that you were subjected to extreme abuse by these two young men".

Since then Barile has vowed never to return to teaching but wants to keep his job with a charity linked to Dundee United Football Club, and his seat on the board representing the fans interest.

He will be able to do this only if his legal team can persuade appeal judges to reduce the admonition to an absolute discharge - a finding which will remove all stain from his record.

Judge Lord Kingarth told defence QC Graham Bell that "in the somewhat unusual circumstances of this case" he could have seven days to prepare for the next stage of the appeal.

A date for a further hearing will then be set.

The trial at Dundee Sheriff Court heard how in January 2008, a 14-year-old boy was disrupting a maths lesson at the Academy in West School Road, Dundee, and told Barile: "Your breath stinks." When Barile was writing a note about the bad behaviour the boy grabbed the paper from his desk.

Barile grabbed the boy's shirt, pushed him back a couple of paces and threatened: "I'll put you through the blackboard."

Another incident happened in a history class in May last year when another boy, also 14-years-old at the time, swore at the teacher and called him "a walking penis." Barile told him to stay behind after the class and pinned him against a wall by putting an arm across his chest when the boy tried to walk out.

Barile of 474 Strathmartine Road, Dundee, was cleared of three other charges of assault.

One account. All of STV.

This field is required. That doesn't look like a valid e-mail format, please check. That e-mail's already in our system. Please try again.
ShowHide
Forgot password?
This field is required. This must be at least 6 characters long. Did you enter your details correctly?
If you've forgotten your details then use the 'Forgot password?' link.
Need to reset your password?

We'll send a link to reset your password to

We've sent you details on how to reset your password

Please check your email and follow the instructions.

Forgotten your email address?

Have you forgotten the email address that you previously joined with? Don't worry, by emailing enquiries@stv.tv we can help.

One account. All of STV.

This field is required. Please enter at least 2 characters
This field is required. Please enter at least 2 characters
This must be at least 6 characters long.
ShowHide
This field is required. This must be at least 6 characters long.
You must be over 16 to join STV.
This field is required. This doesn't appear to be a valid date
We need this to check that you live in an STV region.
This field is required. This doesn't appear to be a valid postcode
Would you like us to email you about our great shows and services from time to time?
We'll only send emails we think you'll like (see example) based on information you have supplied and shows you have watched on STV Player. For details on emails and advertising, see our STV & You page.
Would you like to receive emails from the Scottish Children's Lottery about draws, instant games and competitions?
We support the Scottish Children's Lottery (SCL), which is managed by our colleagues at STV ELM Ltd. You can find out more about the SCL on its website, including its Privacy Policy.

By continuing you agree to our Terms of Use, and understand our Privacy and Cookie Policies.

Upload Profile Picture

Please make sure your image is under 2mb in size and a valid JPG, PNG or GIF.

Are you sure?

Unfortunately, you'll be unable to access our premium content. We’ll be sorry to see you go, but if you change your mind you can rejoin us at any time.

Please verify your STV account

Please verify your STV account using the email we sent you. If you have lost the email, we can send you another one, just click the button below.

Thanks

We've sent you a new verification email.
Please check your email and follow the instructions to verify your account.

Welcome to STV
Thanks for joining us.

Oops!

Sorry, you must be at least 12 years old to place a vote for your Real Hero.

Please review our Voting Terms of Use for more information.

Oops!

Sorry! It seems that you are using a browser that is incompatible with our voting service.

To register your vote please copy the below URL in to your regular mobile browser. We recommend Google Chrome, or Safari.

http://shows.stv.tv/real-heroes/voting

Oops!

Sorry, you seem to have already voted in this category.

Thanks for voting

Now share your vote with friends on your social network

Share on twitter Share on facebook

Cast your vote

Please register or sign in to continue.

Cast your vote

This field is required. This doesn't appear to be a valid date

Cast your vote

Please fill out this form to cast your vote. As you are under 16 years old you will not create an STV account. Why do we need these details?

This field is required. Please enter at least 2 characters
This field is required. Please enter at least 2 characters
This field is required. That doesn't look like a valid e-mail format, please check.
Location This field is required.
Parental Consent This field is required.

That's you. All that's left is to click the 'Submit Vote' button below. By doing so, you confirm that you and your parent or guardian have read and accept our Voting Terms of Use, Privacy Policy and Cookie policy, and that the details you have entered are correct. We'll look after them as carefully as if they were our own.