Hon. Fahie filed lawsuit against NBVI to strengthen case- Sources
Hon. Fahie and Ms. Benjamin have accused the bank of failing to take any or any reasonable care to ensure that they would be reasonably safe in visiting its premises to transact business and are seeking compensation for the troubles they have had and are still enduring as a result of the ordeal.
A hearing on the matter was conducted before Justice Vicki Ann Ellis on October 8, 2012 in the civil court where Hon. Fahie gave evidence in relation to the August 2007 incident and how he is still being affected.
The claimants are being represented by Mr. Terrence B. Neale, while NBVI is being represented by Mr. Paul Webster, QC.
Sources close to Hon. Fahie, a former Minister for Education, have since indicated to Virgin Islands News Online that the facts surrounding the case are far more in-depth than what is being reported in the local news media.
“In addition Ms. Benjamin was first the one pursuing the matter without much success so it was advised to include Fahie to the case so that she (Benjamin) can add strength to her claim while ensuring that her rights are not been trampled upon,” a source close to Hon. Fahie disclosed.
According to the statement of claim filed in the civil court, the claimants were at the bank on August 15, 2007 conducting transactions when three masked men armed with guns entered the bank and started to demand money from the staff of the bank.
During the course of the robbery, according to the court file, the claimants were injured by a ricochet bullet fired from the gun of one of the robbers and as a result sustained injuries, loss and damages.
Hon. Fahie claimed to have suffered a fracture of the left lateral malleolus (outside bone of the ankle joint), difficulty in mobility, severe pain in left ankle, difficulty in sleeping because of nightmares relating to the incident and difficulty in perfroming daily tasks.
His medical expenses were reportedly in the sum of $5,086.
Benjamin claimed to have suffered a fracture of one of the phalanx of the fourth toe, difficulty in mobility, difficulty sleeping because of nightmares relating to the incident, severe pain in the left foot and difficulty in performing daily tasks.
She has claimed damages for medical expenses in the sum of $962.16 and payment of housekeeper/babysitter for 10 days of $700.
Both Hon. Fahie and Benjamin are claiming general damages, interest at such rate and for such period as the court deems just, cost and other relief. Additionally, Hon. Fahie is claiming special damages in the sum of $5,080, while Benjamin is seeking special damages in the sum of $1,662.16.
The claimants have also accused the bank of failing to provide adequate security personnel on the premises, failing to provide adequately trained security personnel on the premises and failing to provide armed security personnel on the premises capable of dealing with a robbery and other criminal activities at the bank, particularly given the recent spate of robberies in the Territory.
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