Barbara Gayle, Staff ReporterOne of the two Kingston Technical High School male students who were charged with assaulting a female teacher has been freed.
The 16-year-old student was freed after Kingston Family Court judge, Prima Griffiths, upheld submissions made by attorney-at-law Alando Terrelonge that the charge was not established.
The two boys were arrested and charged in March this year after it was reported that they allegedly made sexual advances toward the teacher.
Nothing sexual in statement
Mr. Terrelonge argued that from the statements, it was disclosed that the boy held the teacher's hand and she "flashed" off his hand and reprimanded him for so doing. He pointed out that there was nothing sexual in the teacher's statement. He said the allegations against his client amounted to nothing more than an offence of battery.
He submitted further that under Section 41 of the Offences Against the Person Act, the judge had the power to dismiss a charge of assault or battery where the act complained of was so trivial that it should not merit prosecution.
Following Mr. Terrelonge's submissions, further investigation was conducted into the matter and the female teacher confirmed that what she said in her statement was correct. The clerk of the courts said that the Crown could not take the matter any further.
The case involving the other boy, who allegedly hugged the female teacher, isset for trial on July 7.
barbara.gayle@gleanerjm.com