Couple cleared of indecent act on school bus
Friday, August 22, 2008, 09:00
Their conduct in the car park of the Wales National Pool last March was witnessed by staff who became so concerned they called police.
They told a Swansea judge of having seen the couple involved in amorous behaviour which, it was claimed, had led on to them performing or simulating sexual acts.
Bus driver Douglas Lee Nicholas, aged 47, of Heol Trefor, Penlan, and 33-year-old Jayne Davies, of Heol Dewi Sant, Penllergaer, both denied the charge.
Part-time swimming teacher John St Clare Williams said a school bus which had brought children to the centre from Ffynone House School had been parked five metres from the reception area window.
He saw a couple kissing in the back seats of the bus.
"The man lay on his side and the lady went to her knees and kissed the clothing down his body," she said.
"Then she started kissing his groin area. I could see her head bobbing. I was quite shocked.
"The lady stood up and the man sat back. She then hoisted her skirt up slightly and sat down in his lap, facing away from him.
"I could see her bobbing up and down."
He said he could clearly see them despite tinting to the bus and office windows.
He said he believed the two had engaged in oral sex. If they had been simulating sex, that was still inappropriate behaviour, he said.
Solicitor Huw Davies, defending, contended: "This is a case of your imagination running wild and you jumping to the conclusion that you were witnessing an act of oral sex when what was happening was two people playing around on the bus."
Pool administrative assistant Emma Jane Erasmus said the couple had been kissing and cuddling on a sofa in the pool building before getting on the empty bus.
She said the man lay on a seat and the woman kissed him and moved towards his groin.
They stood and simulated copulation before she sat in his lap.
"They weren't just petting," she said. "I would say it was obscene."
Pool sports manager Richard Akers said he had seen the woman's head moving in the man's groin area.
She had then sat in his lap and moved up and down while he fondled her, he said.
Mr Nicholas told the court he had sat in a seat and pulled Miss Davies onto his lap.
She struggled and they kissed and cuddled.
At no time did she move towards his groin and neither did they simulate oral or penetrative sex, he said.
The two of them had been affectionate, he said, adding: "You see it every day in a bus shelter or in the park, couples kissing and cuddling.
"The people observing had a very vivid imagination of what they thought had happened."
Miss Davies confirmed his account of events and insisted they did not perform or simulate oral or penetrative sex.
In acquitting them both, District Judge Richard Williams said he was satisfied the conduct as described had taken place, but he felt it fell short of outraging public decency.


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