Cork court dismisses charge against woman, 60s, accused of assaulting pupil

An assault charge against a woman in her 60s was dismissed on Wednesday after she was prosecuted for assault causing harm to a special needs student while intervening to separate him from another student he was striking.

The woman was working as an escort for the students travelling home from school on the afternoon of June 5, 2024. 

She was bitten deeply on her thumb by the boy she was put on trial for allegedly assaulting.

Joseph Cuddigan, defending, submitted at the close of the prosecution evidence at Cork District Court that the case against the woman should be dismissed on the basis that it was a proportionate use of force to protect the other student in the vehicle.

“My client had a choice — she could have sat on her hands and let the other boy suffer multiple bites from (the boy she was accused of assaulting). And instead she was bitten on the thumb,” Mr Cuddigan said, adding that the bite was so deep it exposed bone.

Inspector Darren Reid argued that the woman’s actions were not proportionate or necessary and the dashcam footage of the incident showed her striking the boy twice to the face and forcing his head to the window. He described the strikes as lashing out.

Judge Philip O’Leary dismissed the charge facing the woman of assault causing harm, describing it as a very difficult case involving vulnerable children with challenging behaviours.

“She was doing her best to try and protect the other child. In fact, she suffered a very serious injury herself," said Judge O'Leary. 

"Things could have been worse had she not intervened. It seems that the system of transport is at best inappropriate. That should be given some consideration.

“I think the defendant did her best in the circumstances… I am dismissing the charge."

Mr Cuddigan said the result means an awful lot to the woman, who has been doing such work without complaint for many years.

There is a legal prohibition against naming the children and publication of the defendant’s name or the school as it could give rise to their identification.

Apart from the incident being shown on video screens in court, none of the children was present. 

The mother of the boy who had allegedly been assaulted did give evidence that her son’s eye was swollen and there was blood coming from his nose.  She said there was blood on his neck and t-shirt. 

She photographed the marks on her son’s face and neck and presented these pictures when she made a complaint at her local Garda station.

A teacher at the school told the court that on the morning of the incident in June 2024, she had been carrying out one‑to‑one numeracy work with the teenager when he attempted to scratch and bite her.

Mr Cuddigan said that on the day the defendant was escorting the boy and other students home in their transport, she was never informed of this earlier incident.