Teaching assistant David Johnson cleared of assault

Nov 4 2009 by Neil McKay, The Journal

A TEACHING assistant who kicked shut a classroom door, breaking the finger of a disobedient student, was cleared of assault yesterday.

A Crown Court judge ordered a jury to find 59-year-old David Johnson not guilty of assaulting the student, 14, at a County Durham school.

Afterwards Mr Johnson said: “This case should never have been taken to court. My heart goes out to the students who had to give evidence, and who have had this hearing hanging over them.

“Now I am looking forward to going back to the job I love.”

But a Durham County Council spokeswoman said Mr Johnson, who was suspended without prejudice following the boy’s injury a year ago, remains suspended pending a school disciplinary hearing.

Neither the school nor the injured student can be named for legal reasons. Judge John Evans ordered the trial to be halted before lunchtime on the second day yesterday after hearing evidence from a number of pupils how Mr Johnson had appeared “shocked and horrified” by the boy’s injury.

The jury at Durham Crown Court was told Mr Johnson, of Elwick Avenue, Newton Aycliffe, County Durham, was in charge of an English group of 14 and 15-year-olds when another pupil came to the classroom door and told him the injured boy was needed by a Business Studies teacher. Classmates giving evidence by video link told the jury the boy ignored Mr Johnson’s requests to sit down on a number of occasions and walked to the door, where he stuck his head out of the entrance.