Latest update January 20th, 2025 4:00 AM
Gary Best’s lawyers want court to dismiss DUI charge
Former Chief-of-Staff, of the Guyana Defence Force (GDF), Gary Best.
Kaieteur News – The attorneys of former Chief-of-Staff of the Guyana Defence Force (GDF), Rear Admiral (ret’d), 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 matter is being heard in the Georgetown Magistrates Court before Senior Magistrate, Clive Nurse, in the traffic court.
Best is being represented by attorneys-at-law Nigel Hughes, Ronald Daniels and Sophia Findlay. In their no-case submission to the court, the lawyers contended that the prosecution failed to produce sufficient evidence to prove the elements of the charge their client is charged for.
The matter will be called on Wednesday January 20, 2021, when the prosecution is expected to reply to the lawyers’ no-case submission.
Best had denied the charge which stated that on February 8, 2020, at Clive Lloyd Drive, Georgetown, he drove motor vehicle PRR 8182 while his blood alcohol level was at 0.85 micrograms. He was granted self-bail on that charge.
Best is an executive member of the People’s National Congress (PNC) and lives at Pradoville Two (Sparendaam), East Coast Demerara. In a previous hearing of the matter, the court learnt that Best served his country for nearly 35 years and that he also served as a presidential advisor, a member of the Legal Aid Clinic and is the recipient of a Medal of Service.
Dead, national cyclist, Jude Bentley.
Kaieteur News had reported that the accident occurred at around 05:00 hrs. on February 8, 2020. Bentley was allegedly struck down by a black Toyota Land Cruiser which was being driven by Best. Reports indicate that Best and Bentley were heading in the eastern direction when the former slammed into the cyclist, taking down a utility pole located on a median at the same time.
On December 3, 2020, Magistrate, Rondell Weever, in the Georgetown Magistrates Court, upheld a no-case submission that was made by Best’s attorneys to have the causing death by dangerous driving charge dismissed.
In that no-case submission, the lawyers asked the court to dismiss the charge against their client based on the grounds that the prosecution failed to prove the key elements of the offence. Magistrate Weever upheld the no case submission and ruled that the prosecution failed to establish that Best was driving dangerously, therefore the charge was dismissed.
Moments after Magistrate Weever’s ruling, Best stated during a brief interview outside of the courthouse that, “I would like to express that I’m happy that the matter is dismissed and what played out in court is exactly what happened.”
However, days after, 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 by this publication, the DPP asked for the Magistrate’s ruling for that case to be set aside or upturned and Best was also ordered to pay the cost of the appeal.
The document stated, “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 Rondell Weever at the Georgetown Magistrates Court on the 3rd December 2020, be set aside and/or reversed and the respondent be made to pay the costs of this appeal.”
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