A FORMER teacher who was cleared of a rape charge after spending five years in jail has applied to teach in Scotland again.
James Boyle, (56), was originally convicted in 2005 of rape and sexual abuse dating back to the 1970s and jailed for 12 years.
But the Appeal Court ordered a retrial on the grounds of the alleged failings of the senior counsel who conducted his first trial.
A fresh trial found all five charges against Mr Boyle, relating to victims aged seven, eight and 13, were unproven.
Mr Boyle has now made a bid to re-join the teaching register.
A panel of the General Teaching Council Scotland (GTCS) today (Fri) considered his reapplication, which comes seven years after his original conviction.
The 56-year-old taught English and History at All Saints Secondary in Glasgow. His original teacher registration lapsed after his conviction.
Since Mr Boyle was not able to hear witness evidence at a previous day of the hearing the case was discontinued.
At a brief hearing in Edinburgh, the GTCS panel convener Yusuf Segovia said: “The panel has concluded that as Mr Boyle did not have an opportunity to hear the witnesses on day one he could not be considered to be afforded the possibility to take part in the proceedings.
“The panel has decided to recuse itself and this hearing will proceed no further.”
Mr Boyle, who spoke only to confirm his name, declined to comment as he left the GTCS hearing today.
He was accompanied to the hearing by Paul McGloughlin, project manager of the Miscarriages of Justice Organisation.
The GTCS will now consider whether he can rejoin the register.
A GTCS spokeswoman said: “GTCS will now consider how to take forward fitness to teach proceedings appropriately in this particular case.
“In the meantime, Mr Boyle remains an applicant to the GTCS register until these proceedings have been concluded.”
Mr Boyle was originally charged in 2005 of rape and sexual abuse involving two girls and a boy dating back to the 1970s, and was jailed for 12 years.
The alleged offences took place in the 1970s, when the victims were aged, seven, eight and 13.
After a fresh trial Mr Boyle, who has always insisted he was innocent, was cleared by a jury in February 2010.
At the retrial, Mr Boyle claimed the allegations against him were made up and his alleged victims’ evidence was a “foul distortion” of the truth.
Temporary judge Bill Dunlop QC told Mr Boyle at the High Court in Glasgow: “In the light of the jury’s verdict you are free. The jury has acquitted you of all charges.”
A court insider said at the time: “Given that he served five years for crimes which he has now been cleared of, he will be in line for significant compensation.”
The offences were allegedly committed when Boyle, from Rutherglen, was aged between 14 and 20.
The woman, who claimed she was raped by Mr Boyle claimed he said he would kill her and dump her body at Cathkin Brae if she ever told anyone.
The allegations first came to light when the boy told his family in 1993, but did not go to the police.
Then in 2000 one of his sisters claimed that she had been abused by Mr Boyle after listening to a radio programme about child abuse, and the police were called in.
The jury was also told that he had been voted the most popular teacher in the school.
Mr Boyle qualified as a teacher at the age of 41.
The first jury convicted Boyle of lewd, indecent, and libidinous practices against all three children, raping one of the girls on various occasions and attempting to rape the other girl.
