GEA’s case against petroleum dealer dismissed due to insufficient evidence

May 19, 2024 Court Stories, Features / Columnists, News

Kaieteur News – The fuel importation case without authorisation brought against the President of SBF Petroleum Dorwain Bess, by the Guyana Energy Agency (GEA) was dismissed on Friday due to the lack of evidence to link the accused to the offence.

GEA Head, Dr. Mahender Sharma

SBF International Inc.’s Principal, Dorwain Bess

The case was heard at the Diamond Magistrates’ Court before Magistrate Sunil Scarce.

Bess was accused of importing approximately 155,000 litres of diesel at Friendship, East Bank Demerara (EBD), without proper authorisation on November 3, 2020 and November 4, 2020.

Notably, it is reported that after the legal proceedings and detailed submissions from both the defence and prosecution, Magistrate Scarce concluded that there was insufficient evidence to connect Bess to the alleged offence.

Whilst delivering his ruling, Magistrate Scarce said that his decision hinged on the evidence provided by the prosecution’s key witness, Mohanram Persaud of the GEA. The court highlighted that the primary 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.

Magistrate Scare said, “The exchange in and of itself does not point to any specific allegations.” He added that Bess was neither cautioned nor informed of specific allegations during the conversation.

Importantly, in the realms of insufficient evidence, the Magistrate noted that the aforementioned conversation was the only evidence connecting Bess to the alleged offence. Notably, there was no direct link established between Bess and the specific vessel carrying the diesel.

The prosecution’s case relied heavily on the testimony of Persaud, who recounted a telephone conversation with Bess, where the latter mentioned a pending application for an import licence. Additionally, the court observed that Bess was not informed of specific allegations during the exchange with Persaud.

It is highlighted that the conversation did not indicate any knowledge of or connection to the particular vessel mentioned in the charges. As such, given the absence of concrete evidence, Magistrate Scarce concluded that the prosecution’s case was tenuous and could not support a prima facie case against Bess. Therefore, the charges were dismissed.

To this end, Magistrate Scarce commended Persaud for his honest testimony, noting that he did not add any incriminating details that could unjustly implicate Bess.

Nevertheless, a pleased Bess said, “I am pleased with the court’s ruling, which reaffirms my compliance with the law; This decision, I believe, will now pave the way for myself to regain my company’s licence for SBF Petroleum, to continue with our operations with a clear focus on integrity and service excellence.”

He added, “I am happy [that] it’s finally over. The Magistrate is a very professional person, a very fair person, and was always very respectful and accommodating. I pray God’s blessings over him.”