A man cleared of carrying out a sex act with his partner on a shopping mall escalator has hit out at prosecutors for taking the couple to court.

Gareth Taylor, 46, and Sanita Salan, 42, were charged with committing public indecency after they fell on a moving escalator on their way to Boots.

The couple landed on steps as they travelled up to the first floor of the chemist in Aberdeen’s Bon Accord Centre.

But they ended up in court – and claim they were banned from the shopping mall – after they were accused of engaging in a sex act on the escalator last August.

They were cleared when they appeared at Aberdeen Sheriff Court for their trial yesterday.

Prosecutor Karen Dow said she was withdrawing a charge against them after a witness, a make-up specialist employed by Boots, told the court she didn’t see anything untoward.

Gemma Buchan, 27, said she saw the couple lying on the escalator and that Gareth was pulling up his jeans after falling. But she added they were only a couple of inches below his waist.

She said: “He was like, ‘I don’t have boxers on’, or something. I saw him pull up his trousers. He was covering his private parts.”

Following the hearing, Gareth said: “We fell on the escalator and my trousers got caught on the step. One of the witnesses made out they saw something they didn’t.

“We were told by the police they accused us of being engaged in some kind of sex act. It shouldn’t have gone this far.”

Sanita said she was shocked to find out someone had reported the incident.

She added: “It has all been so overbearing – the whole thing.”