Mark Duckworth received a six-month suspended sentence

Mr Duckworth was one of was one of five teachers accompanying students from Cockburn High School in Beeston, Leeds, on a trip to Le Touquet in northern France.

Gemma was one of 44 pupils on the trip. She became separated from the party on an evening swimming session and was found dead a few hours later.

Mr Duckworth's union, the National Union of Teachers, said the French authorities decided in October 2000 to prosecute Mr Duckworth for "negligent homicide".

Sympathies

He was subsequently suspended from his teaching post at the school on full pay.

Gemma was swimming in dangerous water

He was convicted just over a year ago.

He appealed on the basis that the lower court did not consider the evidence put forward by its lawyers.

His appeal was heard on 15 January this year and the conviction had now been quashed, the union said.

Mr Duckworth was not available to comment.

But in a statement issued through the union, he said: "Throughout this ordeal my sympathies have been with Gemma's parents, who have suffered the loss of their daughter and have had to endure the lengthy period of this case.

"I'd like to thank the NUT for all the support I have received during the last two years.

"Now, I just want to get back to teaching."

Suspended still

That will not happen yet. Mr Duckworth still faces an inquiry by his employers, Leeds City Council and will not be returning to his post for the time being.

A spokesperson for the council and the school said the coroner would now arrange an inquest - which might not be held until early next year.

After that the governing body of Cockburn High school and the local education authority would undertake their own inquiry into the circumstances of Gemma's death.

"Meanwhile, the LEA and the governing body, which have not been involved in the French proceedings, will be taking steps to obtain a copy of the judgement to see whether there are any matters arising from it which need to be addressed at this stage."

The union's general secretary, Doug McAvoy, said the prosecution should never have been brought.

According to the French post mortem examination, Gemma had drowned as a result of "thermal shock", he said.

"Her death occurred tragically in circumstances which could not reasonably have been foreseen.

Lessons

"The French authorities should have realised this before putting Mr Duckworth and Gemma's family through this ordeal.

"The mere fact that this prosecution was taken by the French authorities could lead to teachers re-examining their willingness to take pupils on trips to countries where the legal system is so different from our own. That would be a very sorry outcome.

"The union will be looking at the detail of this case and in particular the terms of the judges' decision to see whether or not its guidance to members should be clarified or expanded.

"There is a clear case for teachers' being advised about the differing legal approaches taken in countries they may visit with school parties."