A couple caught having sex in public were called to appear in court yesterday -- even though one of them was dead.

Confused Senior Magistrate Will Francis called Eric Trott to stand in court alongside co-defendant Eleanor Grant, two years after the pair were spotted cavorting in a car park off Brunswick Street.

But Police prosecutor Sgt. Phil Taylor corrected him, saying: "No, Mr. Trott is deceased, your worship.'' He then told the court that Trott, who was blind, had been given a conditional discharge for his part in the randy romp on May 15, 1996.

Trott, 67, of South Road, Paget, had been charged with behaving offensively while concerned with another person.

Fifty-two-year-old Grant, of no fixed abode, pleaded guilty to the same charge yesterday and was handed the same sentence.

Mr. Francis told her: "Let's not do these things in public. Do you understand?'' Sgt. Taylor told the court that a Dundonald Street resident peered out of her window and saw what looked like sexual intercourse.

"The complainant, who has two young children, saw the defendants on a section of grass in a public parking lot,'' he added.

"Grant had her pants off and Trott was lying side by side with her. The complainant's sister also saw them and was able to identify them.

"On August 10, Miss Grant was approached by officers on Court Street but replied that it hadn't been her. She declined to make a statement.

"Trott, her co-defendant, was working at Beacon House at the time. He was blind in both eyes and he has since died.''