A response to Mr. Kissoon’s “I will gladly be a character witness for Gary Best”

Feb 15, 2020 Letters

DEAR EDITOR,

I write this letter with great hesitation as it will appear to challenge one of the nation’s most outspoken and enlightened individuals; someone whose column I try to never miss. However, I would like to remind Mr. Kissoon of a very well-known but often forgotten and not heeded legal principle known as the ‘rule of law’. The late Lord Bingham (1933 – 2010) who was successfully Master of the Rolls, Lord Chief Justice of England and Wales, and a Senior Law Lord, made a fruitful attempt to define the said principle which is extensively accepted as the rightful definition by the legal fraternity to date. Lord Bingham stated that ‘the core of the existing principle is […] that all persons and authorities within the state, whether public or private, should be bound by and entitled to the benefit of laws publicly and prospectively promulgated and publicly administered in the courts’ Lord Bingham then went on to identify and discuss eight ‘sub rules’ I would to exclusively feature in this letter the third ‘sub rule’ where Lord Bingham went on to elucidate ‘the laws of the land should apply equally to all, save to the extent that objective differences require differentiation.’
I have no doubt that Mr. Best is one of our nation’s most esteemed individuals, and I acknowledge his contributions to the land with great admiration. However, we shall not set aside the fact that he was intoxicated and over the limit, while in control of a motor vehicle, and here we shall not apply no differentiation from the duty of care required of the ordinary motorist. I am sure Mr. Kissoon’s column was not in bad faith and he was just acknowledging Mr. Best for the ‘nice human’ he is, however, given the weight of his column, I plead with Mr. Kissoon to let rule of law prevail and let justice run its course.
I extend heartfelt condolences to the family and those who are mourning the loss of Jude Bentley.

Regards,
Richard Bhainie

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