Former Chief-of-Staff of the Guyana Defence Force (GDF) Rear Admiral Gary Best was today freed of the charge of driving under the influence of alcohol.
The charge was dismissed by Magistrate Clive Nurse who upheld a no-case submission made by Best’s attorneys: Nigel Hughes, Ronald Daniels, and Sophia Findlay.
The lawyers contended the prosecution failed to prove the elements of the offence, and as such, the charge should be dismissed.
Magistrate Nurse, in his ruling, said the prosecution failed to prove the elements of the offence and that there is no evidence that the instrument used to determine Best’s alcohol level was approved to conduct breathalyzer tests.
As such, he dismissed the charge for lack of sufficient evidence.
On December 3, 2020, Magistrate Rondel Weever dismissed a causing death-by-dangerous-driving charge against Best. It had been alleged that on February 8, 2020, at Georgetown, Best drove Land Cruiser PRR 8182 in a manner dangerous to the public, causing the death of former national cyclist Jude Bentley. Police had stated that, at the time of the accident, Best was under the influence of alcohol.
In dismissing the charge, Magistrate Weever held that the Prosecution’s case contained many gaps that the court could not fill, and to do so would be inviting the court to speculate. According to Magistrate Weever, a crucial element in the Prosecution’s case was not established, that is, whether Best was driving dangerously. The Director of Public Prosecutions (DPP), Shalimar Ali-Hack has since filed an appeal with the Court of Appeal asking that the Magistrate’s decision be set aside.
According to reports, Bentley, 41, was struck down and run over by the vehicle driven by Best on Clive Lloyd Drive near the Russian Embassy turn in Georgetown. The accident occurred around 04:00h.
Reports are that both Best and Bentley were travelling in an easterly direction.
It was alleged that Bentley, who was on his way to meet a group of cyclists, suddenly appeared in front of Best’s vehicle. Best had claimed that he applied brakes, but the right side of the front of his vehicle collided with Bentley, who was knocked onto the roadway. Police reported that Best was driving under the influence of alcohol.
Best is an Executive Member of the People’s National Congress Reform (PNCR) and a former presidential advisor under the previous A Partnership for National Unity/Alliance For Change (APNU/AFC) Government.