a conviction for sexually assaulting a woman parishioner was rejected by a three-judge Court of Appeal.

Ex-Progressive Labour Party MP Rev. Trevor Woolridge, now working at an AME church in Philadelphia, was too choked up to comment as he rushed from the packed courtroom seconds after the decision was announced.

With tears in his eyes, he shook his head and swallowed hard before leaving the court with well-wishers.

Lawyer Saul Froomkin -- who represented the woman -- wanted the Court of Appeal under Sir James Astwood to overturn a successful appeal by Mr.

Woolridge to Chief Justice Austin Ward in Supreme Court last November.

Mr. Justice Ward quashed the Magistrates' Court conviction handed down last August by Acting Magistrate Michael Smith.

He ruled that Mr. Smith, once an approved candidate for the ruling United Bermuda Party, sitting in judgement on an Opposition MP created "a real possibility of injustice as regards bias.'' Mr. Justice Michael Kempster, delivering a written judgement after a two-day hearing, said: "While, on the information known to us, we might have hesitated to reach such a conclusion, the Chief Justice was in a much better position to assess the relevant circumstances and to determine whether or not `there was real danger of bias'. '' And he said: "Since the conviction was, in our opinion, properly quashed in the Supreme Court we dismiss this appeal.'' The Court of Appeal backed Mr. Justice Ward's view that a controversial tape recording made by the woman in which she allegedly discussed sex with Rev.

Woolridge -- said by Mr. Smith to be damaging to the pastor's credibility -- had not been properly introduced as evidence.

Mr. Justice Kempster said Mr. Smith failed to satisfy himself on the "authenticity and originality'' of the tape.

He added: "The Magistrate failed to satisfy himself as to, or even consider, the admissibility of the tape....and on the criminal standard of proof, as to its authenticity before relying upon the respondent's reaction to it.'' Mr. Woolridge was originally convicted of groping the woman's breasts after exposing himself to her.

He was booted from his Mount Zion church by the AME hierarchy, but not, as some reports claimed, defrocked.

The Hamilton East MP quit his party Whip to sit as an Independent after a public outcry following the Magistrates' Court conviction and later stood down from his seat.

And after his successful appeal, he was assigned to a church in Philadelphia.

Mr. Justice Kempster said it was possible the Court of Appeal had the power to order a retrial on the original sex assault charge.

But he said: "However, we do not consider that we have heard adequate argument to enable us properly to decide a question which -- since in any event we would not so exercise our discretion as to afford the appellant the opportunity to make good omissions in the presentation of her case during August, 1997 -- is academic.'' Mr. Froomkin declined to comment on the Court of Appeal verdict last night or on the possibility of taking the matter to Bermuda's final appeal court, the Privy Council in London.

He said: "I don't have any instructions.'' Rev. Woolridge's lawyer Richard Hector did not return a call from The Royal Gazette .

Saul Froomkin