A solicitor has slammed two security guards’ conduct after hearing about their dealings with a pensioner sitting in an area closed off due to the coronavirus restrictions.
68-year-old Michael Cubbin appeared at Swindon Magistrates’ Court charged with two counts of assault by beating following an incident at The Brunel shopping centre in November last year.
Crown prosecutor Ben Worthington said the defendant, of Dacre Road, Walcot, had sat in an area of seating blocked off due to Covid restrictions, to prevent people gathering indoors.
He didn’t move any barriers, but parked himself on the end of the seat and was soon confronted by two security guards who asked him to move on.
Cubbin refused and became argumentative. As a result, the guards tried to walk him out of the building. He fell to the floor and took out his mobile phone to record the encounter.
His phone was taken from him by one of the guards before they picked him up. It was said Cubbin began kicking out with his legs, getting both guards on the legs. Neither sustained any injuries as a result of the incident.
The defendant was detained ahead of the police attending and make the arrest.
In response, Emma Thacker, of Ross Solicitors, said: “Mr Cubbin goes there two or three times a week because he lives alone. He likes sitting in The Brunel, he likes to have a natter with people he knows. He sits in the same spot each time.
“He accepts he could have walked away, but he was obstructive and sat himself on the ground.
“They placed their hands on him, have taken his phone from him – they had no authority to do that – and frogmarched him out.
“This raises some concerns about their conduct.
“It wasn’t a full kick, it was a tap on the leg. That’s why they’ve got no injuries.”
The court heard Cubbin lost his job as a builder at the age of 58 due to issues relating to his sight. He lost an eye when he was a child.
More recently, he had been working in a charity shop near his home, but Covid restrictions saw the shop closed. A reference from the store labelled Cubbin as “an asset” who was “polite at all times”.
On hearing that he had not been convicted of an offence since 1985, magistrates decided to impose a 12-month conditional discharge. This means, if he does not commit any further offences for one year, he will face no punishment.
