The breathalyser device used to test former Guyana Defence Force Chief of Staff Gary Best after he fatally struck cyclist Jude Bentley had not been calibrated in over one year and this was among reasons for city magistrate Rhondel Weever’s decision to find that there was not enough evidence to support the causing death by dangerous driving charge against the former army head.
Bentley, 41, was killed after he was struck from behind in the vicinity of the Russian Embassy turn on February 8 at around 4.31 am by a Toyota Land Cruiser, driven by Best.
According to one of Best’s attorneys, Nigel Hughes, the magistrate ruled that prosecution failed to establish enough evidence to support the charge and thus upheld the no-case submission that had been made by the defence.
In wake of reactions to the verdict, which was delivered on Thursday, Best’s lawyers, Hughes, Ronald Daniels and Sophia Findlay, yesterday highlighted that a police officer testified during the trial that the results are considered unreliable if the machine is not calibrated every six months.
In a statement, the lawyers also noted the absence of eyewitnesses, the obscuring of the video footage and the suggestion that the cyclist switched to the incorrect lane.
“The accident occurred on the right lane of the road. When the cyclist entered Clive Lloyd Drive he was riding on the northern (left lane) of Clive Lloyd Drive. There was no indication of how or when the cyclist changes lanes from the northern lane to the southern lane of Clive Lloyd Drive,” the statement said, while adding that the right lane of the highway is the lane reserved for overtaking.
The lawyers added that there was also no evidence to refute the driver’s oral statement to the police about how the accident occurred.
While the cause of death charge by dangerous driving charge has been dismissed, Best still faces a driving under the influence charge, which is being heard by Magistrate Clive Nurse in the Traffic Court.
‘Disappointed’
Meanwhile, Bentley’s eldest daughter, Jada, 19, yesterday said she was disappointed by the dismissal of the charge and the failure of the police to provide enough evidence to the court. “I am just disappointed that there was not enough evidence. I feel, I don’t know. There’s nothing I can do…I am really disappointed,” the teen told this newspaper yesterday.
Jada also disclosed that since the accident, she has been trying to move on but that it is difficult and she has had to resort to professional help. “I try not to really think about it much. I don’t deal with it. I try to put it behind my head but it’s not easy to do,” she said before adding that she sought professional help after she realised that it was needed.
