A 48-YEAR-OLD man who committed a bizarre act of indecency after appearing to have sex with a cone in a train station is to be sentenced today (Thursday).

Trevor Smith, of Arrivato Plaza, Hall Street, St Helens was convicted at Wigan and Leigh Magistrates' Court of the offence and will today be sentenced at Bolton Crown Court after magistrates ruled they did not have sufficient powers to deal with the case last month.

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In a hearing on September 26, prosecutor Tess Kenyon told the court that on the evening of April 14 this year a Virgin Trains staff member saw Smith committing the bizarre act in one of the lifts at Wigan North Western train station.

Worker Andrew Johnson "saw the defendant sat down with a yellow cleaning cone which was upside down on his legs".

It was said it appeared Smith was "thrusting his hips in the cone as if he was having sexual intercourse with the cone" with his "pants pulled down".

British Transport Police were alerted and Mr Johnson and a colleague ensured no members of the public could access the lift.

When police reached the lift Smith was seen "on top of the cone" still thrusting at it.

Police saw "white powder on his face" and Smith was initially arrested on suspicion of possession of drugs but this was later dropped.

Smith was taken to the police room at the station to "compose himself" and gave him a glass of water.

Smith told police he had "been drinking" that day and "watching the football".

Ms Kenyon added Smith's friends saw he "was down" and gave him white powder which he believed was cocaine but wasn't sure".

The court heard impact statements read by the prosecution from the Virgin staff.

Mr Johnson said seeing the incident "left me shocked, startled and outraged and I'm glad no members of the public were subjected to this male's behaviour".

Colleague Damian Metcalfe added: "He was in an area where anyone could have walked in including children. He should be ashamed of himself".

The court was told that Smith has two previous convictions for similar offences.

In 2012 he was given a conditional discharge after he was "naked" on a roof on Bickershaw Lane, Abram, Wigan and seen to "masturbate".

In 2015 he was seen masturbating "under a blanket" in a car and given a three-year community order at Liverpool Crown Court.

In November 2017 he was jailed for "non-compliance" with this.

Smith had already pleaded guilty to the indecency offence at the train station at Wigan and Leigh Magistrates' Court in an earlier hearing on September 2.

During the last hearing, Melissa Fagan, defending Smith, asked for an indication from magistrates whether they considered their sentencing powers sufficient for the matter.

After retiring, chairman of the bench Peter Tighe said: "We don't believe our powers of penalty are sufficient to deal with this matter."

Magistrates granted Smith unconditional bail and told him to appear before Bolton Crown Court for sentence on Thursday, October 24.