The case involves an ATM skimming scam undertaken by three Chinese nationals, two of which are defendants in the case, causing a damage of WST 47,350.

On 24 August 2016, an employee reported suspicious activity involving the use of BSP ATM machines to Manager Retail Banking. Over 30 cards had been used and captured by ATMs at various locations of the bank. The cards were never before seen, and different from the normal ATM card in their appearance. In addition, the trial balance report for the Matautu ATM for the previous day was examined by the bank employees. They noticed a number of complete and incomplete transactions corresponding to the suspicious cards. One of the employees was instructed to check the ATM cameras and obtain video footages of the suspicious transactions. After viewing the footage, the employees contacted the police.

The police officers subsequently went to a location serving as restaurant, shop and accommodation in Matautu, where the two defendants could be identified. The police called for backup, searched the living quarters of the defendants, where – inter alia – over 100 of suspicious ATM cards and three ATM skimming machines were found and seized, and arrested the defendants.

In some of the video footages produced in evidence, a third Chinese man is participating in the commitment of the offences, who had already left the country at the time of the arrest and is not party to the proceedings.