Married five foot tall teacher, 35, 'couldn't have had sex standing up with 15-year-old male pupil in a field because she was TOO SHORT for the particular position', her lawyer claims

A married five-foot tall teacher could not have had sex standing up with a 15-year-old male pupil in a field because she was too short for the particular position, her lawyer claimed today. 

Kandice Barber, 35, was previously found guilty of sending topless photos and a video of herself to the boy and is now up on trial again accused of three counts of engaging in sexual activity with a child.

Nadia Chbat, defending Barber, cross-examined the complainant, now aged 18, over his claims that he met Barber for sexual activity on three occasions, suggesting that their height difference would have made the sexual acts he described difficult.

Kandice Barber, 35, (left- outside court yesterday) and with her husband Daniel at an earlier court appearance 

Barber was previously found guilty of sending topless photos and a video of herself to the boy and is now up on trial again accused of three counts of engaging in sexual activity with a child

She asked: You told the police that you were stood behind her. You had pulled your clothes down. You told the officer that your hands were on her bottom so you could see her naked bottom and she used her hands to guide you.

'You accept she is quite tiny, only about five feet isn't she, so you were taller than her at the time weren't you? You did not even think she could reach your shoulders at the time would she?'

In re-examination by prosecutor Richard Milne, the boy said he had 'crouched' and bent his knees so he could have standing-up sex with Barber despite their difference in height. 

Ms Chbat also questioned the boy over claims that he had been given a pregnancy scare by Barber, pointing out that a condom had been used. 

In cross examination, the boy could not name the specific dates when sexual activity had taken place but he said it was between October 11, 2018 and immediately before the school half term. 

He said two of the meetings happened before his 16th birthday and another took place afterwards.

On one occasion Barber drove them to the side of a busy main road and parked so the boy could perform a sex act on her, before they got out of the car and she gave him oral sex, the court heard. 

Ms Chbat asked why they got out of the car for a sex act rather than doing it inside. 

'She is on top of you and you are performing a sexual act in the car. What was the need to get out of the car?' she asked. 

'Presumably it would have been just a matter of her body being moved down further on your trouser area?'

'Instead, a decision was made to get out of the car and walk into the wooded area. You both walk to this wooded area and that is when you then lie down in the wooded area and you say she performed oral sex on you.'

Barber is now up on trial again accused of three counts of engaging in sexual activity a child

Nadia Chbat, defending Barber for the second time, cross-examined the complainant, now aged 18, over his claims that he met Barber for sexual activity on three occasions. Pictured is Barber with her husband  

The boy agreed with that description of the events and stated that they had to get out of the car because his teacher had parked right next to a busy main road near to his home in Buckinghamshire.

In a police interview, the schoolboy told how Barber had sent him multiple images of herself and a video of her on a bed while surrounded by sex toys.

Despite Barber having distinguishable tattoos, including a cup and a person on her arms, with others on her rib and thigh, the court heard how the boy had not saved other images, which only showed his teacher's body.

Ms Chbat also questioned the boy about what had been said in two phone calls between the complainant and Barber on the night before he informed his headmaster about the alleged sexual acts.

She said: 'You, I suggest, had become obsessed with Mrs Barber, hadn't you? You, I suggest, wanted more contact with her again.

'You sent her some Whatsapp messages before these calls. I suggest you sent her a series of Whatsapp messages threatening her. The threat, I suggest, is 'if you do not speak to me, watch what happens, you will lose your job and your family'.

'The phone calls on March 10 2018, I suggest, is you and her having an argument on the phone. She was telling you to leave her alone and you were talking over one another and you were threatening to tell the police about your communication. She put the phone down on you.

'I suggest that the communication was threatening, that if she did not resume contact with you, you would ruin her life,' claimed the defence counsel.

Despite Barber having distinguishable tattoos, including a cup and a person on her arms, with others on her rib and thigh, the court heard how the boy had not saved other images, which only showed his teacher’s body 

Ms Chbat added that her client said none of the sexual activity took place and it was all lies, which the complainant denied over the video link. 

Yesterday, the court heard that Barber had told the boy, who cannot be named for legal reasons, she would 'bring him down with her' if the relationship was discovered. 

Barber, of Wendover, Bucks., denies three counts of causing or inciting a child aged under 16 years to engage in a sexual act. 

The trial continues.      

In a police interview, the schoolboy told how Barber had sent him multiple images of herself and a video of her on a bed while surrounded by sex toys