A married music teacher who sent a Herne Bay schoolgirl 23,000 texts might have to face another trial.

A jury ruled in June that 43-year-old Nicholas Sedgley had not been fit to plead to the sex charges because of his mental state.

He had been accused of grooming the child and three counts of sexual activity with her.

After hearing evidence from the prosecution, the jury concluded Sedgley, who lives with his mother in Ramsgate Road, Margate, had not groomed the schoolgirl - but did have sex with her on three separate occasions.

When the girl's mobile phone was handed to officers, they discovered the two had shared more than 34,000 texts using a special code where an exclamation mark meant a kiss, a hash mark meant love and brackets meant a hug.

Sedgley's sentence was adjourned for reports – but in the meantime a psychiatrist has now ruled Sedgley's mental health was "much improved" and he is now able legally to plead.

Jane Osborne, for the Crown Prosecution Service, told Canterbury Crown Court: "As a matter of principle, if someone is fit to stand then they should stand trial.”

But she added that there were some concerns for the young girl, who had already given evidence at the earlier hearing.

She added: "The general principle, however, remains the same that if someone is fit to stand trial, then they should be tried and if convicted of the offence should be punished for it."

Judge Adele Williams said the psychiatric report indicated the prospect of a trial could bring back Sedgley's symptoms.

William Hays, for Sedgley, said the judge had been concerned he "might be putting on" his mental health problems.

"what we are dealing with is a music teacher's full-scale abuse seduction of a vulnerable teenage girl..." – judge adele williams

He asid the teacher was found not to be fit to plead and the doctor's report said at the time: "It may well be that when the proceedings are finished he becomes better again.

"They are, it would appear, inextricably linked and that was what the doctor anticipated."

He urged the court to adjourn for a probation report into the possibility of passing a supervision order, which would include treatment.

But Judge Williams said: "These are very serious offences and what worries me is that the defendant, in speaking about the matters of which he has been found by a jury to have committed the acts, has expressed views that he is not guilty; that he hasn't done them.

"That in the context of sexual offending means in my experience he is a risk out there in the community because he is still in denial and does not acknowledge (what he has done) and therefore receive the help which is available.

"What we are dealing with is a music teacher's full-scale abuse seduction of a vulnerable teenage girl.

"If that is his position then I am coming around to the view that is my duty to re-open this matter and he stand trial."

The judge ordered a new psychiatric report – but decided Sedgley, who has been held in custody since the original hearing, should be transferred to a hospital pending a decision on any new trial in November.