A “desperate” stonemason who tried to rob a bank with a vape to “put a roof over his head” after losing his job, home and long-term partner has been jailed for two years.
Gary Fishlock was said to be in a “personal crisis” when he walked into the HSBC branch at Westwood Cross shopping centre in Broadstairs, handed over a note demanding money and gestured that he had a gun in his jacket pocket.
Although the ‘weapon’ was never produced, the 64-year-old kept his right hand in his clothing throughout and pushed the vape – described as large and black – forwards to “reinforce” he was armed.
He then continued to pressure staff to give him cash while clutching a carrier bag in his other hand.
But a court heard how his early afternoon raid attempt on January 29 was ultimately foiled due to the bank clerk’s “great levelheadedness.”
Despite her panic and fear that she might be shot and her two children left motherless, she activated her personal alarm, alerted a colleague and, ultimately, on-site security and police.
In the meantime, Fishlock, having been left “rather flummoxed” in reception with an unsuspecting customer nearby, eventually strolled out empty-handed, sat down on a nearby bench and awaited the inevitable arrival of armed officers.
Gary Fishlock attempted to rob an HSBC branch with a vape disguised as a gun. Picture: Kent Police
It was following his arrest that his “melancholy tale” was revealed, Canterbury Crown Court heard.
Fishlock, of Shottendane Road, Birchington, later admitted charges of attempted robbery and possessing an imitation firearm with intent to cause fear of violence.
At the wannabe raider’s sentencing hearing yesterday (April 1), prosecutor Paul Valder explained how bank clerk Eleanor Gater was confronted at about 2.30pm that Thursday afternoon.
Her role was to greet customers at her “podium” near the automatic entrance doors and deal with their initial enquiries, passing them on to colleagues seated behind screens.
But, having asked the bespectacled gentleman dressed in blue trousers and a green jacket how she could help him, he promptly handed over a piece of paper on which he had written “I have a gun. Put the money in the bag.”
“It was clear from CCTV that his right hand was in the pocket of his jacket and it would appear to be within that pocket that he was holding the vape,” explained Mr Valder.
“It could have been mistaken for the muzzle of some sort of firearm although it was never actually produced during the attempted robbery.”
Describing the clerk as “understandably taken aback” by the demand, the prosecutor said she sent a message via her laptop to colleague Tanya Pinn and pressed her personal attack alarm.
Then, having gone to speak to Ms Pinn – all the while being followed by Fishlock as he kept up his money demands – the two women retreated to the rear office to alert the manager.
“There was something of a stand-off as [Fishlock] stood in the atrium area, not knowing what to do, while the bank staff discussed between themselves what they should do,” continued Mr Valder.
Gary Fishlock holds out a carrier bag and gestures with his right hand in his pocket that he has a gun, when it is in fact a vape. Picture: CPS
“Between them, they confirmed they had pressed their appropriate alarms and notified both police and the on-site security, leaving the defendant looking rather flummoxed in the bank.
“Ultimately, he left and sat down outside the branch, by which time armed officers had responded.
“Not knowing what they were walking into, they commanded him to lie down on his front, which he did, they searched him at gunpoint, handcuffed and arrested him.”
As well as the bank raid bid being caught on HSBC’s CCTV cameras, video footage also captured Fishlock’s dramatic arrest.
Referring to his subsequent police interview, Mr Valder continued: “There was a rather melancholy tale, with the defendant saying he went to the branch, it being the closest one to where he was staying.
“Initially, he couldn’t find it and drove past before finding a place to park.
“When he arrived, he saw there were parents with children in the bank so he waited for them to leave because he didn’t want to scare them unnecessarily.
“When he went in he handed the note he had written that morning to the bank worker at the podium.
“He said his intention was to get money and he wanted the banker to think he had a weapon to reinforce that threat.
“He said he had a vape in his pocket and was pushing it out so it looked as if he had a weapon.
Gary Fishlock continued his demands for money as he followed the bank clerk through the HSBC branch at Westwood Cross. Picture: CPS
“He was asking where the money was, the bankers went into another office, at least one said they didn’t have money on the premises.
“When it was evident nothing was going to happen, he went back outside and sat on a bench. He said his intention was to be arrested even if he had got money.
“He said he had been driven to it in desperation following the breakdown of his relationship, his living arrangements and work had fallen through, and he didn’t see any other way out.”
In a victim impact statement written last month, Ms Gater described being scared and how her “stomach dropped” as she was confronted by Fishlock.
“Her heart started to race and thoughts of what could happen came into her mind,” said Mr Valder.
“She imagined him having a gun, shooting her, and her two children having to grow up without a mother.
“She was very upset and her mind went on to what would happen to her team. She had never experienced anything like this.
“As the weeks continued, she became more concerned about him being released [from custody] and having to give evidence at court.
“All that added to her anxiety.”
The court heard that despite Fishlock’s criminal record of 13 previous convictions for 29 offences, including ones for robbery in 1981, wounding in 1984, and causing grievous bodily harm in 1989, he had led a law-abiding life since 2003.
Gary Fishlock was arrested outside the branch by armed police. Picture: Stock image
However, his lawyer said life “came crashing down” last year following the sudden and unexpected breakdown of his 14-year relationship and having to leave the family home as a result.
Then, on Christmas Eve, he was told he no longer had a job.
“He found himself jobless, homeless and, perhaps unsurprisingly, fell into depression,” Kieran Brand told the hearing.
His attempts to remedy the situation by living first with his brother and then on a caravan site failed, however, and an application for housing benefit was also refused.
Although he had been prescribed anti-depressants by the day of the attempted robbery, he was “as desperate as he had ever been”, said Mr Brand.
“He found himself on January 29 with, he thought, no alternative but to either live on the streets or put a roof over his head by doing what he did and incarcerate himself.”
But the lawyer stressed Fishlock wanted to harm as few people as possible that day.
“He wishes, through me, to make clear to the court that he is deeply sorry for the harm and shock that he undoubtedly would have caused to the members of staff at the bank,” continued the lawyer.
“Perhaps now, with a clear head, he can see that there were some alternatives available to him, albeit it at the time he had lost everything, he didn’t feel there were.”
Passing sentence, Judge Alison Russell praised the bank clerk for her “great levelheadness and calmness”, and accepted Fishlock had been in a “state of absolute desperation”.
Gary Fishlock was sentenced at Canterbury Crown Court
She also said that the assessment by the probation service that he posed a high risk of reoffending was in the context of him being homeless.
But Judge Russell added that while the CCTV footage of the robbery bid may appear to be “relatively trivial”, the reality was somewhat different.
“One can only imagine the fear and panic that Eleanor Gater must have experienced when initially reading your note,” she told Fishlock, who appeared via video link with Elmley Prison.
“She didn’t know at that point that there was no gun. She didn’t know what you would do – whether you would hang around patiently as she wandered off or whether any attempt by her to leave the podium could lead to violence or, indeed, to her being shot.
“The fear and panic in that moment must have been considerable and, while I accept your motives in doing what you did appear to have been borne of desperation and that you admitted in your interview with police to a deliberate wish to be arrested due to the desperate situation in which you found yourself, Ms Gater was the accidental victim of your conduct.
“It has continued to affect her. You have heard her victim personal statement read out and, in addition to the understandable panic in the moment, it has had an ongoing effect upon her.
“Offences of this sort may seem, on viewing the CCTV footage, to be relatively trivial but I do not agree.
“Members of the public are entitled to go about their business in shopping centres in the middle of the day, entering banks, without the fear or concern that somebody will rock up with a note claiming to have a gun and demanding money.
“Members of bank staff are entitled to go to work without fear of such conduct.”
As well as jailing Fishlock, who has been on remand since his arrest, the judge ordered the forfeiture and destruction of the vape.