DPP appeals dismissal of causing death charge against Gary Best

Director of Public Prosecutions (DPP), Senior Counsel Shalimar Ali-Hack has filed an appeal against the dismissal of the causing death by dangerous driving charge against former Guyana Defence Force Chief-of-Staff Rear Admiral Gary Best. The appeal has been filed with the Court of Appeal. It was alleged that on February 08, 2020, at Clive Lloyd Drive, East Coast Demerara, Best drove motor car PRR 812, in a manner dangerous to the public, causing the death of former national cyclist Jude Bentley.

Following the close of the prosecution’s case, trial Magistrate Rondel Weever upheld a no-case submission made by Best’s lawyers Nigel Hughes, Ronald Daniels, and Sophia Findlay. As a consequence, the Magistrate dismissed the matter last week Thursday. The Magistrate had cited the lack of witnesses, unreliable video footage and faulty breathalyzer. The defective device was confirmed by the the testimony of a police rank and was among the many issues taken into consideration by the Magistrate in her ruling.

Best lawyer Nigel Hughes in a release last week explained that at paragraph 97 of Magistrate Weever’s judgement noted that a  police officer disclosed in his own words that the results are considered unreliable if the machine is not calibrated every six months. Hughes said too there were no eyewitnesses to the accident and the police relied on video footage. In the ruling, Hughes said the Magistrate referred to the video footage as “the silent, trustworthy, unemotional, unbiased and accurate witness”. Hughes said. The video footage was unable to show how the accident occurred as the view of Clive Lloyd drive was obscured by the fence and tree at the old Russian Embassy., “there were 51 seconds unaccounted for between the time [Bentley] entered Clive Lloyd Drive and when the vehicle emerged in the view of the cameras,” Hughes said as he explained the ruling.

Reacting to the dismissal, Best told reporters that he was happy at the outcome of the matter. He said that he is relieved as it has now been proven that he did not deliberately caused the death of the former national cyclist and that he was not driving dangerously. Reports are that Bentley, 41, was killed on the Rupert Craig Highway in the vicinity of the Russian Embassy in Georgetown, as he was heading east along the stretch of road. Reports are that Bentley was hit from behind and dragged several feet by the Land Cruiser which was being driven by Best.

At the time of the accident, Police had said that Best was under the influence of alcohol.  He was also charged with driving under the influence.  This matter is still pending before the Magistrate’s Courts. Best is an Executive Member of the PNC/R and a former Presidential Advisor under the APNU/AFC Government.