A MAN accused of performing a sex act in a Southampton wheelie bin has had the case against him thrown out.

David Crowhurst, 54, was accused of the public nuisance offence, which was alleged to have happened in a bin in Johnson Street on April 18.

But the case was dismissed yesterday, after the Crown Prosecution Service’s only witness did not attend Southampton Magistrates’ Court.

The court was told how the witness had moved house since the incident and the Witness Service had lost contact as a result.

The CPS subsequently offered no evidence in the case, which also involved a criminal damage allegation.

District Judge Peter Greenfield dismissed both charges.

Crowhurst had previously pleaded not guilty to the allegations, over which he had been held in custody for seven weeks.

But Crowhurst was jailed for three days after admitting a separate offence, of failing to comply with his post-custodial supervision.

He was also given a conditional discharge after pleading guilty to a charge of attempting to be in possession of the Class B drug, ‘Spice’.

Crowhurst, of no fixed address, was also ordered to pay a £20 victim surcharge.