No jail term for former Fermanagh teacher David Baxter over sex assault

A former music teacher at Erne Integrated College will not go to jail for sexually assaulting a child, a court has rule.

David Baxter, 66, of Killadeas Road, Lisnarick had his appeal against his sentence upheld on Friday.

In April he was given a four and a half months sentence for the sexual assault of a pupil in his care.

He had denied sexually touching the child on a date between 1 February and 30 April 2018 but has now withdrawn his appeal against the conviction.

Deputy Judge Martina Connolly upheld his sentencing appeal saying that she was “not persuaded that a custodial sentence was warranted.”

She instead imposed an 18-month probation order which she said was not a “soft penalty”.

The court heard how in a “significant breach of trust” Baxter touched a “young shy child” on the leg.

His defence counsel said that as “there was no groping or squeezing and his hands did not go underneath her clothing” the offence constituted the lowest level of sexual assault.

The court also heard how the victim was “deeply impacted” by the assault which happened seven and a half years ago when she was 11.

In handing down the amended sentence the judge said that Baxter was an intelligent man who had a lot to offer during the course of his long teaching career.

She said it was “all the more bewildering and impactful that all those years have ended in the way they have”.