The drive-thru at Banco Popular

Photo Credit: Gordon French/BVI Platinum News

The drive-thru at Banco Popular

Photo Credit: Gordon French/BVI Platinum News

The case involving the alleged bullying and beating of an elderly man at the drive-thru at Banco Popular was forced to be adjourned due to the outstanding CCTV footage depicting the incident.

Simeon Power, 29, a self-employed truck driver is charged with criminal damage [involving $1,035.00 in antique items, a pair of pants, shirt, glasses lenses and frame, among other items] and unlawful and malicious wounding on Michael Helm.

Yesterday, August 29 when the matter was called before Magistrate Tamia Richards, Prosecutor Leslie Ann Faulkner informed the court that the prosecution is still awaiting the CCTV footage from the bank.

Faulkner, who was holding for Crown Counsel Jude Hanley who is prosecuting the case, explained to the court that an order was delivered to the bank for the footage. It was mentioned in court that the order was sent just under a month ago.

Magistrate Richards stated that she is surprised that the position is still the same even after the order was sent. She suggested that the Prosecutor should check the legislation with regard to such matters since she thinks that under the law they should have responded within seven days. The Magistrate noted that if there is a reasonable reason why they did not respond, the bank should have notified the court.

Prosecutor Faulkner stated that it appears that in defiance of a court order, Police Officers will have to go in for the CCTV footage.

Power, who is represented by Attorney-at-Law Richard Rowe, was told to return to court on October 4.

During his first court appearance in November of last year, Prosecutor Hanley told the court that on October 5 around 2:30 pm, Helm drove his blue Mitsubishi jeep through the teller line at Banco Popular. It is further alleged that whilst in the line, Power drove his jeep from the back of the line and cut ahead of Helm. As a result, Helm exited his vehicle and went to the left driver door of Power's vehicle where he knocked on the door, but Power did not acknowledge his presence.

Hanley said the complainant then stated, "You are very rude. Why did you do that?"

The Prosecutor said the complainant was returning to his vehicle when Power exited his vehicle and went up to the man and stated, "[Expletive], well touch my car."

It is alleged that Power then pushed Helm onto the pavement, which resulted in the man hitting his head and bleeding profusely. During this time, Power returned to his vehicle and closed the door, leaving the man on the ground bleeding.

Helm then called for help and he was assisted by other customers who were in the line. The Police were then called to the scene.

Hanley said at the time of the incident, Helm was wearing the items which were listed in the criminal damage charge and they were all damaged. She said his clothing was damaged with blood stain.

The complainant was taken to the Peebles Hospital by an ambulance and treated for his injuries.