A couple have appeared in court after they were immediately arrested when they were spotted on a park bench in Warrington. Katy McKay, 42, and Kelvin Murray, 43, became amorous during a late night stroll in Queens Park after going out for the evening, a court heard.
Passerby reports incident to police
A passerby spotted them having sex on a park bench, with their genitals exposed, and reported the incident to police. Officers attended and found McKay naked from the waist down amid the incident at around 11pm on July 26. Warrington Magistrates' Court heard how she hurriedly pulled up her trousers as police approached them.
When quizzed, the red-faced pair apologised and promised they would 'not be doing it again'. They claimed it was so dark they didn't realise they would be seen. It is thought the couple have since split up.
Prosecution details
Teri O'Brien, prosecuting, said: "Police were made aware of a report of a male and female seen to be having sex in Queens Park. En route the officers received a further report from the reporting person, that the genitals of both the male and female could be seen."
The incident was also captured by local authority CCTV. On arrival, McKay was present with Murray on a bench. PC Rimmer and PC Ballantyne approached the defendants. "Miss McKay was exposing her genitals. As the officers approached she pulled her trousers up. Outraging public decency is a common law offence, the starting point for sentencing is a fine with a range of up to six months custody," O'Brien said.
Mitigation and sentencing
In mitigation, defence solicitor Mark Lever said: "I accept this is a reckless act in a busy public area - but it was 11pm. Maybe they thought that because it was dark their actions may not have been observed by members of the public. It was late for that area. They are both very sorry. They apologise to the court for their behaviour. I am sure they won't do something like this again."
McKay, of Museum Street, Warrington, and Murray, of Manchester Road, Warrington, both admitted outraging public decency. Both were fined £320 with £213 in costs and a surcharge.
Sentencing the pair, JP Dr Gwyneth Edwards said: "You have pleaded guilty to this offence - but you could hardly not. It was a very reckless act and it was in public."
