A FORMER South Lakeland boarding school owner who was jailed over accusations of cruelty and assault of pupils has been cleared by top judges.
Derrick Cooper, 78, ran Underley Hall, Kirkby Lonsdale, where he was alleged to have committed the crimes decades ago.
One boy claimed to have been butted, while another spoke of being attacked and humiliated by being made to dress in a towel.
Mr Cooper, now of the Isle of Man, was convicted of ABH and child cruelty at Carlisle Crown Court and jailed for 20 months last April.
But he was cleared after three of the country's top judges at the Court of Appeal in London quashed the convictions.
Delivering reasons for the ruling today, Lord Justice Davis said the jury's guilty verdicts were "unsafe".
The court heard Mr Cooper, of Hillberry Green, Douglas, had faced seven charges of assault and two of child cruelty.
However, much of the case against him was rejected by the jury and he was found guilty of only two offences.
On appeal, his lawyers argued that the convictions should be overturned because of the way that the cruelty charge was put to the jury.
Allowing the appeal, Lord Justice Davis said the cruelty charge alleged that a child had been subjected to "assault and humiliation".
But the way it was described to jurors meant that they might have believed only humiliation was necessary for a guilty verdict.
The judge said the assault conviction was also unsafe because it might have been partly based on the unsafe conviction for cruelty.
"For these reasons, we have allowed the appeal and quashed the convictions on both counts," he said.
"The Crown, realistically and pragmatically given the circumstances, have not sought a retrial."
The decision means Mr Cooper has been entirely cleared of any wrongdoing.
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