A 32-YEAR-OLD man who suggested a schoolgirl perform a sex act on him, has kept his freedom.

Derek Kearney was put on probation for three years, by Judge David Pirie, at Burnley Crown Court. The defendant, of Gainsborough Avenue, Burnley, had recently been found guilty of incitement to commit gross indecency, after a trial.

He was cleared of an indecency allegation against the complainant, now a teenager. Kearney had denied both allegations.

The court had been told how Kearney had started to talk in dirty terms to the girl, made inappropriate remarks and obscene jokes.

The defendant told the schoolgirl, it was said, that he would give her five cigarettes if she would perform a sex act on him and on another occasion, said he would give her 10 cigarettes if she did it.

Kearney was said to have played an obscene joke on the youngster and unzipped his trousers. He later referred to the joke in front of a group of people and appeared to laugh it off.

The jury heard how the defendant also asked the schoolgirl if she wanted to get into bed with him, she refused and he said that he bet her friend would have got in bed with him.

The victim complained about the remark to her friend and the defendant was later arrested.