ST. JEROME - The trial for a former Rosemere High School teacher accused of sexual assault has been delayed until next year.
Justice Francois Beaudoin stepped down from the trial on Monday citing a tragic family situation involving his wife's health.
Justice Valmont Beaulieu has agreed to take over the case, but with an already busy docket he will not be able to continue Tania Pontbriand's trial until March, and possibly May of 2012.
There are provisions in the Criminal Code that allow one judge to take over for another. Beaulieu will have to read Beaudoin's notes and court records, as well as listen to the testimony of the only witness to take the stand so far.
Pontbriand is a former physical education teacher who is accused of starting a sexual relationship with one of her students when he was 15 years old.
Earlier this year the student testified that the relationship lasted two years after which he was depressed and suicidal. He then sought counselling and went to police who recommended charges of sexual assault.
This week the defence was scheduled to cross examine the boy, now in his twenties, but that will not happen until next year.
If the defence has its way it will not happen even then.
Lawyers have argued that because the events allegedly took place from 2002 to 2004, Pontbriand's right to a speedy trial has been violated.
The first judge in the case rejected that argument, but now with the case postponed until 2012, lawyers say they may try once again to have the case thrown out.
