Model ‘nicked booze from Tesco’

A model stole a £1.70 can of alcohol from a late night supermarket after pretending to put the item back on the shelves, a court heard.

Noah Ponte, 21, was refused the alcoholic drink by the self-checkout machine at Tesco Express on Heath Street, Hampstead on May 17, 2019.

Alexander Agbamu, prosecuting, said: ‘It was after 11 o’clock at night, a matter of significance.

‘The defendant and some of his friends went into Tesco Express on Heath Street in Hampstead.

‘The defendant selected some items, those included a can of alcohol. He went to pay for those items. The store has a self-checkout area and one of the items could not be processed because it was alcohol.

‘Licencing hours prohibit the selling of alcohol after 11 o’clock.

‘What happens if someone tries to buy alcohol at the time of day? An automated message will appear informing the customer the sale is not allowed.

‘The staff cannot override this. They told the defendant he could not buy alcohol at that time and told him to put it back.

‘The defendant went to the fridge area, stared at the fridge for a moment, did not put it back, kept hold of it and made his way to leave.’

Ponte was arrested shortly afterwards and during interview he said he had gone to buy some food along with alcohol.

As the IMG model had already scanned the food he went to put it back, then paid for it he left with the can of alcohol, said Mr Agbamu.

Referring to his interview the prosecutor said: ‘I went to buy the can as well as some food.

‘I scanned the food on the till but then I decided I didn’t want it so I put it back. It was £1.20.

‘I paid for the items on my credit card which was the same value as the drink.’

The prosecutor added: ‘The Crown does not accept that the defendant put any items back and even if he had the evidence shows, we say, that he pretended to put the alcohol back then he made to leave the store.

‘The simple fact is that he left the store without paying for the drink. He had not paid because it was not for sale. No one could at that particular time of the 24-hour cycle.’

Ponte, of Hampstead, denies theft.

Ponte told the jury he knew it was too late to buy alcohol so he bought two packets of nuts at 85p – and left them in the shop as a way to pay for the can of gin and tonic

He said: ‘I figured that the drink wouldn’t scan. I didn’t want to steal. It was quite a long, confusing way to pay but I had no intention of stealing the drink.

‘My intention was to get around the licensing law but not to steal. I would never think to take the alcohol out without paying anything,

‘Essentially I thought I had created a way to pay for it. I would not be so bold as to not put it back after being told.’

Mr Butt played CCTV footage to the jury showing Ponte walking through the store with the can of gin and tonic in his hand.

‘We can see Mr Rajput at the top of the screen. Did he say anything to you at this time?’

‘No,’ said Ponte.

‘Had he said to you that you can’t buy alcohol, what would you have done?’

‘I would have put the drink back.’

Ponte said he went back to the fridge to double check the price of the drink and make sure the nuts were the equivalent value to the can.

After paying for the nuts, he said he left them in the shop and made to leave when Mr Rajput started shouting at the security guard to stop him because he was stealing.

‘I continued to approach the security officer pulling the receipt from my pocket and began explaining how I paid.

‘I was saying that I paid something of equivalent value but I didn’t get time. I was grabbed and dragged backwards into the shop by Mr Rajput and Mr Patel.’

In the ensuing scuffle Ponte dropped the receipt and the drink and lost his hat. He left the store without any items from the shop.

‘Is there anything you would like to say about your behaviour that night?’ Mr Butt asked.

‘I would like to say sorry and apologise for it,’ said Ponte. ‘It was quite a daft way to pay for a drink.’

‘Do you regard your actions that night as dishonest? Judge Joanna Greenberg asked him.

‘I was doing this quite openly in the shop. I was not trying to hide anything. I intended to pay for the item, it was quite a stupid way of paying but I intended to pay.’

Ponte, of Hampstead, denies theft.

The trial continues.