Sentencing of a former private school teacher who pleaded guilty to sexually exploiting a young boy was adjourned yesterday following legal arguments.

Richard Douglas, 31, of My Lord's Bay Lane, Hamilton Parish, pleaded guilty to the charge -- which dates back to 1993 -- when he appeared in Supreme Court on Wednesday.

However lawyer Michael Scott yesterday launched a last minute application to change his client's plea to not guilty following consultation with lawyer Archibald Warner who proceeded to take over the case.

It was quashed by Puisne Judge Vincent Meerabux but shortly after the summary of facts were read out in court, Mr. Warner launched a second argument stating there was no evidence to back up the charge.

Mr. Meerabux gave Crown Counsel Wilhelm Bourne until Tuesday to sort out the summary of facts in a move he described as giving Bourne "a second bite of the cherry''.

Earlier Mr. Scott told the court he now saw there was no evidence to support the element in the charge which stated his client had touched the young person for a sexual purpose.

And he noted that Douglas had never strayed from his original plea of not-guilty and had rendered the plea of guilty on advice that was insufficiently researched.

Sentencing put off for former teacher Mr. Warner said he had only become aware of the matter on Thursday afternoon and said he supported Mr. Scott's submissions.

There was no evidence that his client had touched the youth with a sexual purpose so a plea of guilty could not be accepted by the court, he added.

Mr. Warner said Douglas had been brought up in the US and this may have led him to believe he could plea bargain, causing him to plead guilty after stressing his innocence throughout the matter.

It was the type of offence the defendant might have wanted to put behind him, argued Mr. Warner.

But Mr. Bourne shrugged off the defence lawyers' claims and noted that Mr.

Scott was a senior member of the Bermuda Bar with many years of experience under his belt. This made him competent and experienced.

Meanwhile Mr. Scott was well aware of the indictment as he had been Douglas' lawyer since August, continued Mr. Bourne, who added there was evidence which supported the charges.

Mr. Justice Meerabux agreed with Mr. Bourne and refused to change the plea.

Mr. Bourne then read the summary of facts which told how Douglas committed acts of a sexual nature at different times between October and December, 1993.

The summary stated the acts included Douglas rubbing his leg against and running his fingernails over a 13-year-old boy's upper thigh.

Mr. Warner said the summary clearly indicated the essence of the defence's earlier application -- that there was not enough evidence to support the charge of touching the youth with a sexual purpose.

Mr. Bourne said he had provided a limited summary of the facts after consulting with Mr. Warner earlier but could amend the summary to fulfil the defence request as evidence was available.

Mr. Justice Meerabux okayed this and then bailed Douglas on $2,000 bail with the conditions he surrender his travel documents and report to Hamilton Police Station each day at 1 p.m..

Sentencing will resume on Tuesday at 9.30 a.m.

EDUCATION ED