A TEACHER, found guilty of raping a 19-year-old student, had his conviction overturned by three judges yesterday.

However, Mark Trevor Calvert, 27, of Doncaster Road, Newcastle, must face a retrial.

Mr Calvert was convicted of the rape at Newcastle Crown Court, in September 1999.

However, Lord Justice Henry told the Appeal Court that the original trial judge had failed to give the jury a direction on Mr Calvert's contention that he had a "genuine mistaken belief" that the girl was consenting to sex.

The appeal judge said that this was a case where there was "room for a possible finding of a genuine mistaken belief" and Mr Calvert was entitled to a direction to that effect.

Lord Justice Henry, sitting with Sir Brian Smedley and Mr Justice Poole, granted him legal aid for the retrial and said that any application for bail should be made to Newcastle Crown Court.

Mr Calvert is still awaiting sentence after his original conviction and any time spent in custody will be taken into account if he is convicted and jailed again.