GEA appeals dismissal of charge against businessman for illegal importation of fuel

The Guyana Energy Agency (GEA) on Monday stated that it has filed a Notice of Appeal against the decision of Magistrate Sunil Scarce who dismissed the charge of the importation of petroleum against SBF Petroleum President Dorwain Bess.
Bess was accused of importing 155,000 litres of Diesel without the authority to do so under an import or an importing wholesale licence between November 3 and 4, 2020 at Friendship, East Bank Demerara (EBD).

During the court proceedings on May 17, 2024, the GEA presented evidence from five witnesses but the presiding magistrate upheld the no-case submission filed by counsel for the defendant.
“The Guyana Energy Agency is of the view that the Learned Magistrate erred in law and/or misdirected himself on the law when he held that a prima facie case was not made out against the Defendant and that the dismissal of the case after the prosecution closed its case was against the weight of the evidence which was before the court,” the GEA stated in the release.
Further, the agency stated that it will continue to execute its mandate in ensuring that persons do not engage in the importation of fuel without the requisite licences issued by the Guyana Energy Agency.
However, during his ruling on the matter, the magistrate stated that his decision was based on the evidence provided by the prosecution’s key witness, Mohanram Persaud of the GEA.
The court was told that the only evidence against Bess was a telephone conversation in which Bess mentioned having a pending application for an import licence; however, there was no specific reference in this exchange to the vessel carrying the fuel in question.
“The exchange in and of itself does not point to any specific allegations.”
Meanwhile, back in 2023, Magistrate Rhondell Weever found SBF International Incorporated guilty of illegally importing fuel.
The company was charged back in 2021 with the offence of conducting the business of a wholesaler of petroleum and petroleum products without the authority to do so under a wholesale and/or importing wholesale licence. The company was also fined $300,000.
The GEA charged SBF International Inc for selling diesel and gasoline to Guyana Industrial Minerals Inc (GINMIN) between September 28, 2020, and December 27, 2020, after the company’s fuel licence was cancelled on September 14, 2020.