THE trial of a teacher accused of slapping a pupil has been abandoned after a judge decided he could not longer preside over the case.

District Judge Michael Wood adjourned the trial of science teacher Ron Harbottle following legal arguments after defence and prosecution submitted documents to Consett Magistrates' Court.

Mr Harbottle denies common assault on a 12-year-old boy by slapping his face on November 3, 2003.

Judge Wood said he felt the 'rug has pulled' from under him when statements he was not expecting were presented before the court. He adjourned the case for a pre-trial review on May 31 so another judge could be appointed to hear it at a later date.

He said: "I am not happy about this at all and feel that accusations could be levied. I think my impartiality has been breached so I am going to disqualify myself. It would be perfectly wrong for me to continue sitting."

It was the third day of the trial of Mr Harbottle, 56, of Killingworth, who has worked at the school in the Chester-le-Street area for 32 years.

On Tuesday, a pupil, who cannot be named for legal reasons, told the court via video link that he saw Mr Harbottle jump out of his chair after another boy loudly told the girl next to him to stop nipping him.

He said Mr Harbottle picked the boy up by his school jumper. He said: "Mr Harbottle slapped him across the face and threw him against the wall, which was about six feet away.

"There were tears in his eyes and Mr Harbottle told him to go and stand in the corner."

It is said to have happened in the first period on a Friday but the witness said there were marks on his face three days later.

Nick Cartmell, defending, said the boy's story did not tally with other pupils' version of events. Other youngsters said Mr Harbottle was standing, not sitting when the nip took place, the pupil was dragged from his chair by the scruff of the neck, not the jumper, and allowed to sit down after a telling off.

In cross examination, Mr Cartmell said: "You are giving a dishonest and different account. You are doing this to fit in with a crowd."

Mr Harbottle was granted unconditional bail.