Jury likely to consider sex case today
guilty to the charge because a lawyer told him to.
The teacher -- who later changed his plea -- explained that in March 1997 lawyer, Michael Scott, explained that any type of touching was considered sexual.
"And it was probably in my interests to plead guilty and get some type of plea bargain,'' he added.
Chief Justice Austin Ward then explained to the jury Mr. Scott wrote an affidavit to the judge.
After considering the "totality'' of the evidence, Mr. Justice Ward said, the judge entered a not guilty plea.
The teacher, 32, denies fondling an 11-year-old boy for a sexual purpose while in a position of trust, between October 1993 and December 31, 1993. He also denied inviting the boy to touch him for a sexual purpose between those dates.
In his summation, lawyer Archie Warner told the court: "You must acquit. He is not guilty. He was simply trying to do his job.
"He went beyond the call of duty with the knowledge of the school's administration,'' he added. "His earlier plea is a nullity in the law.'' Mr. Warner described as "ridiculous'' the testimony of the alleged victim that the fondling went on throughout the school day for three months.
Crown Counsel Ms Sandra Bacchus told the jury: "You must not let (the boy's) testimony be lost. He did not testify because he had an axe to grind. He wanted an opportunity to tell what happened.'' And Ms Bacchus challenged the defence's contention that the alleged victim was a troublesome student.
During cross-examination, Ms Bacchus challenged the teacher's contention the boy was "crafty and disruptive''.
She produced a report card in which the teacher gave excellent marks for independent work, observing class and school rules, and showing personal and social growth. The man denied he was lying about the need to move the boy next to his desk because of his behaviour. Earlier this week, the boy -- now 16-years-old -- told the court he was offered up to $1,000 to touch the teacher's private parts.
He said his teacher began to "scratch'' in a circle, his thighs with his long fingernails and after several days began to touch his penis through his pants.
Mr. Justice Ward is expected to hand the case to the ten-woman, two-man jury today after he sums up the legal aspects.
