Wigan railway station staff 'outraged' by man having sex with cone, court hears
This is the man who was caught having sex with a cleaning cone at Wigan’s main railway station.
Trevor Smith, 48, appeared before Wigan magistrates on Thursday morning to be sentenced after previously admitting outraging public decency.
But after hearing he had committed other public sex acts in the past, the bench decided its powers were not sufficient and sent the case to the crown court.
Smith will now be sentenced at Bolton Crown Court on Thursday, October 24.
The court heard Smith, who wore a black leather jacket and black trousers in the dock, was detained after an incident at Wigan North Western at 9.30pm on Sunday, April 14.
Virgin rail worker Andrew Johnson asked his colleague to go with him to a lift which takes passengers to platform four.
When he looked through a glass window, he saw the defendant sitting on the floor with a cleaning cone upside-down on his lap.
Tess Kenyon, prosecuting, said: “When he opened the lift door to see what Mr Smith was doing, he could see he had his trousers pulled down and appeared to be thrusting his hips as if he were having sexual intercourse with the cone.”
Mr Johnson called the police and he and his colleague waited at the lift to prevent any passengers seeing Smith.
An officer from British Transport Police arrived and opened the door of the lift.
Miss Kenyon said: “Mr Smith was now on top of the cone, still with his pants pulled down.”
Smith, of Arrivato Plaza, Hall Street, St Helens, became aware the officer was there and pulled his trousers up, the court heard.
He had “remnants of white powder” on the lower part of his face and there was a snap-bag on the floor, so he was initially arrested on suspicion of a drugs offence. No further action was taken in relation to this.
Smith was taken to the station’s police room, given a glass of water and “eventually composed himself”. He was de-arrested and allowed to return voluntarily for an interview the following day.
In the police interview, he stated he had been drinking heavily and watching football.
His friends thought he was getting down and gave him a white powder which he thought was cocaine.
Smith claimed he went into the lift thinking it was a locked room and that was all he could remember, Miss Kenyon told the court.
The bench heard he had two previous convictions for outraging public decency.
In 2012 he was seen naked on the roof of a kitchen on Bickershaw Lane, got on all fours and stared performing a sex act. Wigan magistrates imposed a conditional discharge.
Three years later he pulled up in a car outside a property on Gordon Street, put a blanket over himself and again performed a sex act. When someone asked what he was doing, he moved the car to a back street and continued with the act.
Liverpool Crown Court imposed a three-year community order for that offence, but it was revoked in November 2017 when he did not comply with it and he was sent to prison.
Victim impact statements from the two railway station workers were read to magistrates.
Mr Johnson said he thought Smith was under the influence of drugs and not aware of the “disgraceful” situation he was in.
He said: “The whole incident left me shocked, startled and outraged.
“I’m just grateful no members of the public were subjected to this male’s behaviour.”
His colleague Damien Metcalfe said: “I have not seen anything like that in all my time working on the railway.”
He added that Smith “should be ashamed of himself”.
Before mitigating, Melissa Fagan, defending, asked magistrates whether they would be sentencing Smith or sending his case to the crown court, as had been done following his offence in 2015.
After retiring to consider this, the bench returned and said the case would be committed for sentence.
Peter Tighe, chairman of the bench, said: “We don’t believe that our powers of punishment are sufficient to deal with this matter.”
Smith was remanded on unconditional bail until the sentencing hearing on October 24.