Gary Best’s lawyers want the court to dismiss a DUI charge
Former Guyana Defense Force (GDF) Chief of Staff Gary Best.
Kaieteur News – Former Guyana Defense Force (GDF) Chief of Staff Rear Admiral (ret’d) attorneys Gary Best are asking the court to dismiss the driving under the influence charge against him. This request comes more than a month after Best walked free of causing the death of national cyclist Jude Bentley by dangerous driving.
The DUI issue is being heard in Georgetown Magistrates Court before a Senior Magistrate, Clive Nurse, in traffic court.
Best is represented by attorneys-in-law Nigel Hughes, Ronald Daniels and Sophia Findlay. In their no-case submission to the court, the lawyers argued that the prosecution failed to produce sufficient evidence to prove the elements of the charge their client is being accused of.
The matter will be called on Wednesday January 20, 2021, when the prosecution is expected to respond to the lawyers’ no-case submission.
Best had denied the charge and stated that on February 8, 2020, in Clive Lloyd Drive, Georgetown, he had driven a PRR 8182 motor vehicle while his blood alcohol level was at 0.85 micrograms. He got self-bail on that charge.
Best is an active member of the People’s National Congress (PNC) and lives in Pradoville Dau (Sparendaam), Demerara East Coast. At a previous hearing of the matter, the court learned that Best had served his country for nearly 35 years and that he had also served as a presidential adviser, a member of the Legal Aid Clinic and that he received a Service Medal.
Died, national cyclist, Jude Bentley.
Kaieteur News had reported that the accident happened around 05:00 o’clock. on Feb. 8, 2020. Bentley was allegedly hit by a black Toyota Land Cruiser driven by Best. Reports indicate that Best and Bentley were heading in the east direction when they first slammed the cyclist, simultaneously pulling a utility pole down a median.
On December 3, 2020, Magistrate Rondell Weever, at Georgetown Magistrates’ Court, upheld a no-case submission made by Best’s attorneys to dismiss the cause of death by dangerous driving charge.
In that no-case submission, the lawyers asked the court to dismiss the charge against their client on the basis of the prosecution failing to prove the key elements of the offense. Magistrate Weever upheld the no-case submission and ruled that the prosecution failed to establish that Best was driving dangerously, so the charge was dismissed.
Moments after Magistrate Weever’s ruling, Best stated during a brief out-of-court interview, “I would like to express that I am happy that the matter is dismissed and that what played out in court is just that what happened.”
However, days later, the Director of Public Prosecution (DPP) filed a notice of appeal for the Magistrate’s ruling. The notice of appeal was filed in the Court of Appeal. Based on the court document seen in this publication, the DPP requested that the Magistrate’s ruling for that case be set aside or overturned and Best was also ordered to pay the cost of the appeal.
The document stated, “Please note that this Court will be moved on a day and an hour at which the Registrar will notify you by Mrs. Shalimar Ali-Hack, SC, Director of Public Prosecutions, Counsel for the Appellant, that the decision given in the above matter by His Worship, Magistrate Rondell Weever at Georgetown Magistrates’ Court on 3 December 2020, be set aside and / or reversed and the respondent be made to bear the costs of this appeal. ”