A Moncton teacher is no longer charged with possession of child pornography, but is still facing other sex-related charges involving young girls.

Kenneth Peter Gunn, 39, of Riverview, appeared in Moncton provincial court on Wednesday for a preliminary inquiry.

Kenneth Gunn, Harrison Trimble teacher facing sex charges

Kenneth Gunn, a teacher at Harrison Trimble High School in Moncton, is still facing sexual exploitation and sexual assault charges. (CBC)

But the hearing did not proceed because the Crown is having problems getting in touch with one of the witnesses, defence lawyer Gilles Lemieux told CBC News.

Instead, the Crown withdrew the pornography charge and the case was set over until Sept. 8 when a new preliminary inquiry date will be set.

"The Crown determined there was no reasonable likelihood of a conviction and they pulled the plug," said Lemieux.

Gunn, a tutor and a teacher at Harrison Trimble High School, is still charged with sexual exploitation and sexual assault — although Lemieux says he has been advised the Crown plans to amend the wording of one of those charges.

The preliminary inquiry will determine if there's enough evidence to go to trial.

Police have said the two alleged victims were both under 18 years of age and that Gunn was in a position of trust. Police have not said whether the alleged victims were students at Harrison Trimble.

The alleged offences occurred between Sept. 1, 2011, and Nov. 7, 2013.

Gunn was arrested on Nov. 14 and released on Nov. 20 on several conditions, including that he not leave the Moncton area.

On Wednesday, Judge Brigitte Sivret amended the order to say New Brunswick instead of Moncton so that Gunn can visit relatives, said Lemieux. He previously surrendered his passport.

Gunn remains under orders to not to be alone, or in a position of trust, with anyone under the age of 18,  to not use or possess anything that connects to the internet, such as computers or smartphones, and to keep the peace and be of good behaviour.

Anglophone East School District officials have previously declined to comment, but Lemieux says his client is suspended.