THE prosecution is to consider whether to proceed in the court case of senior North East Lincolnshire councillor Keith Brookes.
The development was revealed as he made his first appearance before Grimsby Crown Court, accused of committing a sex act while sunbathing naked in his garden.
His alleged actions were said to have been spotted by children who were looking through a fence, a court heard.
Now, the judge in the case, Judge David Tremberg, has indicated that a decision will have to be made over whether the continuation of the case was "the best use of court time".
Brookes, 67, of Bolingbroke Road, Cleethorpes, appeared at the court for a preliminary hearing.
At an earlier hearing before Grimsby Magistrates' Court, he denied a charge of outraging public decency through behaving in an indecent manner by committing a sex act in his garden, in the presence of other people, including children, on July 13.
The court heard on that day that the alleged offence happened while Brookes was sunbathing naked on a sun lounger in a private area of his garden.
The prosecution claimed that his presence came to the attention of young children who were nearby.
They allegedly told adults who, it was claimed, told them not to worry about it and to carry on enjoying their day.
But it is alleged that the children were later looking through a fence when they saw Brookes committing a sex act.
Brookes elected to have his case dealt with before a jury.
His latest court appearance was adjourned after the prosecution indicated that it wanted to consider its position further.
Prosecutor Jeremy Evans told the court that the chief Crown Prosecution Service prosecutor for the area had asked for a further review of the case and consultations over possible evidence. Judge David Tremberg said that a decision would have to be made over whether the continuation of the case was the best use of court time.
He agreed to allow the prosecution further time to consider its position.
Brookes was represented by Richard Hackfath, who indicated that the matter was strenuously denied.
Brookes appeared before court smartly dressed in a blue pinstripe suit, white shirt and blue tie.
He was allowed conditional bail until the next hearing.
The charge is very unusual and is rarely heard in courts. It has been brought under Common Law.
Brookes, a former Cleethorpes Mayor, has been suspended by the Conservative Party in the light of the case.
Brookes appeared in court in custody for the first hearing of the case after spending the weekend in cells.
Follow us on Facebook and Twitter