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Teenage students found not guilty of assaulting teacher

A judge yesterday acquitted two teenagers of a brutal assault on a teacher.Magistrate Cheryl-Ann Mapp ruled that there was not enough evidence to prove that the two were acting together.

A judge yesterday acquitted two teenagers of a brutal assault on a teacher.

Magistrate Cheryl-Ann Mapp ruled that there was not enough evidence to prove that the two were acting together.

But Police are considering appealing the decision.

The students, who cannot be named for legal reasons, were earlier this year charged in Juvenile Court in connection with an attack on former Warwick Secondary teacher Victor Coggin.

Represented by lawyer Victoria Pearman, the 15-year-old pleaded not guilty to -- being concerned together with another person -- unlawfully assaulting Mr.

Coggin and doing him bodily harm on March 4 in Warwick.

And his 13-year-old schoolmate, who was not represented, denied committing the same offence on that date.

During the trial last month the Barbadian teacher, who has since left the Island, testified that he was on lunch duty at the school's main gate on March 4 when he encountered the older student and warned him not to enter the property.

"I asked him to leave but he began to circle me,'' Mr. Coggin said. "I suggested he stop his activity, but he continued. So I decided it was best not to confront him. I decided to return to the school and go get an administrator.

"As I moved from the gate he would ride his bicycle past me, turn around, and ride it straight back at me and at the last minute swerve off. He repeated that a number of times.

"I warned him about four times -- then he rode straight at me again. I put my hands out (for protection), then all I remember after that is I was getting off the ground.'' Mr. Coggin said he was subsequently helped back to the school by another teacher and when he went to the bathroom he realised the severity of his injuries.

He required hospital treatment for numerous cuts and bruises to his face. And Mr. Coggin told the court that as a result of his injuries he continued to suffer headaches and needed outpatient treatment for a sore thumb.

But Ms Pearman argued that the prosecution had not produced "one shred of evidence'' proving that her client was responsible for assaulting the teacher.

She noted that one witness who said they saw the teacher fall but he was injured after he hit the ground. Therefore, she said the injuries were the result of the fall, not from an assault by the student. And while acknowledging that an attack had taken place, Mrs. Mapp yesterday said there was insufficient evidence to proved that the students acting together as they were charged.

Police prosecutor Sgt. Phil Taylor later told The Royal Gazette he will be discussing the possibility of an appeal with the Attorney General's Chambers today.

Meanwhile, Bermuda Union of Teachers president Michael Charles said he was shocked when he learned of the verdict.

"Just based on what we know, which is based on what teachers who were there saw, the case was clearcut,'' Mr. Charles said, adding that the verdict may cause some teachers to be hesitant supervising students during breaks.

As a result of the Warwick Secondary incident and teachers' demand for a safer working environment, the Education Ministry stationed security guards at schools around the Island for the first time.

And yesterday Education Minister Jerome Dill said the guards will remain at the schools next month when school begins.

He added that he planned to unveil a comprehensive school security plan in the "not too distant future''.