West Bay Resident Left Breathless After Violent Arrest By Police Constable on Bankers Road, West Bay

By Alric Lindsay

An active police constable has maintained his innocence following an independent Ombudsman investigation into allegations of excessive force during a neighbourhood traffic stop.

Giovanni Zurita, 31, appeared in the Summary Court today, October 6, 2026, represented by defence attorney Katie Williams. Zurita entered formal “not guilty” pleas to charges of common assault and assault causing actual bodily harm stemming from an April 7, 2026, incident on Bankers Road in West Bay involving resident Richard Powery.

According to official Ombudsman case files, Powery attended the Office of the Ombudsman on April 14, 2026, and provided a signed complaint form.  His complaint alleged that, on April 7, 2026, PC Zurita attended his home address on Bankers Road in West Bay in relation to an alleged traffic violation.

Reportedly, Powery stated he exited his house empty-handed. PC Zurita asked him for his name and address, and he provided the same with the exception of his house number. Powery stated that PC Zurita informed him he was being arrested for failure to provide his details and that he grabbed him and threw him to the ground twice, causing injury to his leg, toe and hand.

Power further alleged that PC Zurita punched him four times to the head and the body before having the handcuffs applied. He stated PC Zurita applied the handcuffs extremely tightly to the point his colleague had to loosen them. Once handcuffed to the rear, he was placed in a police vehicle; however, he had to be removed shortly afterwards and have the handcuffs loosened.

Powery stated he experienced breathlessness and officers called emergency services to send an ambulance. The ambulance conveyed Powery to George Town Hospital, where he was admitted after his blood readings showed high blood glucose. He complained of pain in his chest, where PC Zurita threw him to the floor, as he had previously had two stents inserted. He also stated he had pain in his neck and shoulders from where PC Zurita had struck him.

Powery provided CCTV evidence from cameras mounted outside his house, as well as mobile phone footage captured by his girlfriend. This video evidence, together with statements from Powery and other witnesses, formed the basis of evidence used in this case.

Based on the Ombudsman’s documents, PC Carmola was present throughout the interaction between Powery and PC Zurita. She speaks to Powery refusing to provide his house number but providing all other details. PC Carmola stated to OMB investigators that PC Zurita had been to Powery’s address at least one time before, and she knows Powery speaks loudly as he is hard of hearing and wears a hearing aid. PC Carmola stated that she would have decided not to arrest Powery for refusing to give his house number, as he provided the rest of his details and she could have found out the house number.

PC Carmola did remember putting her hand on PC Zurita’s shoulder, stating, “I think I did put my hand on PC Zurita’s shoulder and pulled him back. I think the situation had escalated. Powery is an older gentleman, and Zurita is half his age. The situation had escalated too far for them to be on the ground.”

PC Zurita is a junior officer still within his probation period. In his statement, he described Powery as arguing loudly and speaking loudly. He described requiring Powery to provide his details and noting all, apart from his house number. At this point, PC Zurita described Powery as shooting his hands towards PC Zurita’s face “as if a punch, and I could see that in his hands were multiple keys sticking out”. He continued to describe how he was fearful of the injury that could be caused to Powery, himself or PC Carmola from the keys contained in Powery’s hands. He speaks to feeling something scrape against his face after bringing Powery to the ground, and he believed it may have been the keys in Powery’s hands.

PC Zurita then stated in his statement that “concerned for my continued safety, I swung my right arm towards my face as to create a barrier between whatever had rubbed on my face and the object. As I did so, I felt I had struck Mr Powery’s face with my right hand. I tried again to create the barrier between what had touched my face and me, so I brought my right arm across again avoiding Mr Powery’s face and controlling his right arm”.

PC Zurita submitted a copy of his police notebook. In this, PC Zurita wrote “Controlled Powery and brought him in a controlled manner to the ground to prevent escape and control weapon in hands. Controlled arms, tried to grab his right arm and struck him in face by mistake.”

PC Zurita submitted his use of force form. Under section 1c, he wrote “was struck to prevent use of keys in hands as weapon”. In section 11, he wrote, “struck with hand to remove keys from his hands”.

According to the Ombudsman’s documents, PC Carmola was clear that Powery had nothing in his hands: “I did not see anything in Powery’s hands. I didn’t see him with anything in his hands. I didn’t see any keys in Mr Powery’s hands”.

On May 1, 2026, the Ombudsman’s Final Investigation Report and appendices were sent to the ODPP.

On August 24, the ODPP provided a charging decision to the Ombudsman stating two charges should be laid – Assault ABH and Common Assault.

PC Zurita pleaded not guilty to the charges today.   Acting Chief Magistrate McFarlane scheduled a mandatory case management hearing for November 10, 2026, to establish trial timelines.