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Politicians in call to quash conviction
By Liam Clarke 11 November 2008
You won't find many cases like David Bell's.
His application to be granted the Royal Prerogative of Mercy over an assault conviction has been backed by more than 17 politicians from every party in Northern Ireland. They include: Jim Allister, the TUV leader, Sammy Wilson of the DUP, and Sinn Fein's Francie Brolly.
While David Bell received an absolute discharge, the conviction has cast a slur which has made it impossible for him to carry on his career as a teacher and has left him still suffering from depression six years later.
It started in June 2002 at Laurelhill Community College in Lisburn, when a twelve year old girl became upset and threw her books in the bin after he reprimanded her. A short time later, still looking distressed, she asked to go to the toilet.
"I was dealing with something else and she was saying "Sir, Sir, Sir" in the background. She had her head down and looked a bit depressed so I just touched her under the chin and said, "cheer up". I had told her off for messing about and I was trying to reassure her that it wasn't the end of the world" the teacher told me.
The incident spun out of control a few days later when the year 8 pupil made a complaint. She accused Bell, a Technical Design teacher, of walking his fingers between her breasts to her chin, a claim supported by a classmate. Child protection policy swung into action, Bell was suspended from duty and police were called in.
Bell's legal team warned him to expect two years in jail for sexual assault, but, shortly before the court case, the witness changed her evidence and backed the teacher's account.
Instead of withdrawing the case, prosecutors offered a deal. If Bell pleaded guilty to common assault he would get an absolute discharge. "I was told that I would get a heavier sentence if I fought it" he said.
The implications of accepting a conviction soon became clear. The school issued a disciplinary warning, which stays on his record. When he returned to work, Bell was seen as vulnerable, with one boy falsely claiming the teacher had punched him. In fact, the pupil's bruises turned out to be the result of a fight in the playground.
By the end of 2004 the strain was telling, and Bell was off with stress. In May 2005 he was found medically unfit for work and his contract was terminated. Since then, a judicial review to overturn his sentence has been turned down and Secretary of State Shaun Woodward recently refused to recommend the Royal Prerogative of Mercy on the grounds that there has been no new evidence since the trial.
"The secretary of state may have misdirected himself and laid himself open to a judicial review. If all the facts were known at the outset, this case might never have come to court" said Jim Allister, who is also a QC. The SDLP's Carmel Hanna says that she will be working with other South Belfast MLAs to bring an adjournment motion in the Assembly asking for the prerogative to be extended.
It has been granted in far more controversial cases. Last year it emerged that, on government advice, the Queen extended it to at least 16 IRA prisoners or on the run terrorists guilty of 33 offences. These offences included possession of firearms, membership of a proscribed organisation, conspiracy to murder and causing explosions.
Beneficiaries included Angelo Fusco, Patrick Campbell and Paul Magee, who escaped from Crumlin Road jail in 1981 and were convicted in their absence for their part in the 1980 murder of Herbert Westmacott, an SAS Captain.
Bell's conviction and disciplinary warning suggest that a teacher may only touch a pupil to protect them from danger, but this itself contradicts official guidelines issued to teachers.
"It is unnecessary and unrealistic to suggest teachers should touch pupils only in emergencies. Particularly with younger pupils, touching them is inevitable and can give welcome reassurance", according to a circular issued to teachers "Pastoral Care in Schools: Child Protection". It continues, "touching may be appropriate where a pupil is in distress and needs comforting. Teachers should use their own professional judgement."