Charges were dismissed against an East End Primary School teacher accused of assaulting a six-year-old student.

Senior Magistrate the Wor. Will Francis decided that Carolann Foley had used "reasonable force'' on the child who suffers from Attention Deficiency Disorder.

In August Foley, who was represented by Mr. Archie Warner, denied the charge but admitted in a Police statement that she tied the boy's hands together loosely with a skipping rope and taped his mouth shut on two occasions because he was disrupting her class.

She added that Andrew Nash was hitting and kicking his classmates during a science lesson in February when she tied his hands together.

And on a previous occasion she taped his mouth together with masking tape after she had warned him to stop talking.

However, in his judgment yesterday Mr. Francis said: "I find that no jury properly instructed would disagree with the fact that the child was very disruptive while in class talking, hitting and fighting with other children.

And they would be concerned with both the safety of the other children and their ability to learn in class.'' Mr. Francis also said that the fact that the child suffers from Attention Deficiency Disorder is a root cause of disruptive behaviour.

"There is no special way that a teacher could or should deal with such a child in their class,'' Mr. Francis said.

He added: "Since Foley is a teacher, the child's mother Janet Nash, said she should have been able to keep the child in control.

"But, I believe Foley used reasonable force with a duty to other children to keep them from being kicked, and to preserve an environment in which they can learn.'' Mr. Francis concluded: "The child was never brought before me to give evidence. There is no way that a jury could say that this was not reasonable force. I find the accused not guilty.'' In August, the boy's mother told the court that she had warned Foley about her son's problem and the lengths he would go to push her.

She also said that as result of the incident, she took her son out of the school.

In a discussion with the boy's mother, Foley said she felt justified in tying the boy's hands even though she did not think it was appropriate discipline.

She said she was at her wit's end and did not know what else to do with the boy.

Mr. Peter De Julio was acting for the Crown.