The Director of Public Pro-secutions (DPP) Shalimar Ali-Hack yesterday served a notice of appeal to challenge the decision to free former Guyana Defence Force Chief of Staff Gary Best of the charge of causing the death of cyclist Jude Bentley by dangerous driving.
The DPP is seeking to have the decision rendered on December 3rd by Georgetown Magistrate Rhondel Weever set aside or reversed.
It was alleged that at approximately 4.31 am on February 8th, at Clive Lloyd Drive, Best drove a car, PRR 812, in a manner dangerous to the public, thereby causing the death of Bentley, who had been to Sheriff Street to meet a group of cyclists. Best, who was proceeding in the same direction, has alleged that the cyclist suddenly appear-ed in front of him and that he applied brakes and the right side of the front of his vehicle collided with the cyclist, who fell onto the roadway and sustained injuries.
After the magistrate’s ruling on Thursday, Best’s attorneys, Nigel Hughes and Ronald Daniels sought to explain to the public the basis on which the magistrate found that the prosecution failed to establish a case against Best. (The media was not present in court for the delivery of the decision due to COVID-19 restrictions.)
Among the reasons for the decision was the unreliability of the breathalyser device used to test Best after he fatally struck Bentley as it had not been calibrated in almost a year.
The device used by the witness was required to be calibrated every six months. As this was not done, the reliability of the breathalyser used for the test result was questioned and it was therefore established by the court that there was no evidence that the witness did a test on the device to produce a reference standard within a reasonable time period prior to Best being tested. “The practice has usually been for the police officer conducting the test to first provide his own specimen of breath analysis in front of the defendant so as to show that the device is working properly. However, this was not done in this case,” the ruling, released by the lawyers, stated.
Further, the witness, according to the document, admitted that the results were unreliable due to the fact that the device was not calibrated every six months as is required.
Additionally, 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.
While the causing death 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.
