DPP appeals Magistrate’s decision to free Gary Best

Director of Public Prosecutions (DPP), Senior Counsel Shalimar Ali-Hack has filed a notice of appeal against a decision by Magistrate Rhondel Weever to dismiss a causing death by dangerous driving charge against former Guyana Defence Force (GDF) Chief-of-Staff Rear Admiral Gary Best.
Last Thursday, Best, an Executive Member of the PNCR, was freed of the charge which alleged that on February 8, 2020, at Georgetown, he drove Land Cruiser PRR 8182 in a manner dangerous to the public, thereby causing the death of former national cyclist, 41-year-old Jude Bentley.
Magistrate Weever upheld a no-case submission made by Best’s lawyers, Nigel Hughes, Ronald Daniels and Sophia Findlay. In her 30-page reasoning, Magistrate Weever held that the prosecution failed to establish a prima facie case against Best for the offence.
In doing so, Magistrate Weever held that the prosecution’s case contained many gaps that the court cannot fill, and to do so would be inviting the court to speculate. According to the Magistrate, a crucial element in the prosecution’s case was not established, that is, whether Best was driving dangerously on the day in question.

Dissatisfied with the decision of the trial Magistrate, the DPP in a Notice of Appeal to the Appeal Court said: “take notice that this Court will be moved on a day and at an hour of which you shall be informed by the Registrar by Mrs Shalimar Ali-Hack, SC, Director of Public Prosecutions, Counsel on behalf of the Appellant that the decision given in the above matter by Her Worship, Magistrate Weever at the Georgetown Magistrate’s Court on December 3, 2020, set aside and/or reversed the Respondent be made to pay the costs of this appeal.”

Reacting to the dismissal, Best had expressed that he is happy that the matter has now come to an end. He said, “I just hope that both families can move on – my family and his family – and I hope that we can now move on. We have gone through a lot, and I am happy about the court’s decision.”
“At the time that the accident occurred, I did say that I regret the fact that Jude Bentley died. It was an accident but, of course, the fact laid out in court shows that I was not driving dangerously in any way and that I did not deliberately cause his death,” he added.

Unreliable, no eyewitness
Following the dismissal of the charge against the former army chief, relatives of Bentley expressed their dissatisfaction. Several discourses were also generated on social media about the Magistrate’s decision to free him. This resulted in Best’s lawyers issuing a press statement highlighting keys aspects of the Magistrate’s ruling.
According to Hughes, in her ruling, Magistrate Weever noted that a police rank testified that the breathalyser test results obtained from Best were unreliable since the machine was not calibrated every six months. The breathalyser device in this case had not been calibrated in over one year, the lawyer pointed out.
Hughes said that there was no eyewitness to the accident and as a result, the police relied on video evidence. “In the ruling, the Magistrate referred to the video footage as “the silent, trustworthy, unemotional, unbiased and accurate witness,” Hughes added.
The prominent lawyer added that the Magistrate explained that the video footage did not disclose how the accident occurred as the view of Clive Lloyd Drive was obscured by the fence and tree at the old Russian Embassy in Georgetown.
“There were 51 seconds unaccounted for between the time the cyclist entered Clive Lloyd Drive and when the vehicle emerged in the view of the cameras,” Hughes said Magistrate Weever explained in her decision.
Concerning the place of collision, Hughes noted that the accident occurred on the right lane of the road.
According to him, the Magistrate said that when Bentley entered Clive Lloyd Drive, he was riding on the northern (left lane) of the said Clive Lloyd Drive.
“There was no indication of how or when the cyclist changed lanes from the northern lane to the southern lane of Clive Lloyd Drive. The right lane of the highway is the lane reserved for overtaking (Section 46 (1) of Chapter 51:02 of the Laws of Guyana). There was no evidence to refute the driver’s oral statement to the police about how the accident occurred,” Hughes said as he highlighted aspects of the ruling.

Flashback
According to reports, Bentley 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 at around 04:00h.
Reports are that both Best and Bentley were travelling in an easterly direction. It was alleged that Bentley, who was at the time cycling along Clive Lloyd Drive in Georgetown 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. Investigators found that Best was driving under the influence of alcohol.
After the accident, Best was taken into custody but later complained of feeling unwell. He was rushed to the Georgetown Public Hospital, where he was admitted. He was also charged with driving under the influence of alcohol; this charge is still pending before the Georgetown Magistrates’ Courts.