Attorneys representing former Guyana Defence Force (GDF) Chief of Staff, Gary Best, are seeking to have the driving-under-the-influence charge brought against him dismissed.
In a no-case submission to the court, his attorneys, Nigel Hughes, Ronald Daniels and Sophia Findlay, outlined that the prosecution lacks substantial evidence to prove the charge instituted against him.
A reply to the written submission submitted by the attorneys is expected today from the prosecution.
In December, Best was freed of the charge of causing the death of cyclist Jude Bentley by dangerous driving.
His attorney, Hughes had stated that Magistrate Rondell Weaver ruled that the prosecution failed to establish enough evidence to support the charge and thus upheld the no-case submission that had been made by the defence, and “consequently the case has been dismissed.”
In March, Best was formally charged with the offence. It was alleged that on February 8, at Clive Lloyd Drive, Greater Georgetown, he drove a car, PRR 812, in a manner dangerous to the public, thereby causing the death of Bentley.
At the time, the police prosecutor, in objecting to Best being granted bail, had noted that the results of a breathalyser test showed his breath alcohol content had been over the legal limit. Best was also charged with driving under the influence of alcohol.
Following the dismissal of the death by dangerous driving case, the Director of Public Prosecutions (DPP), Shalimar Ali-Hack, served a Notice of Appeal to challenge the decision to free Best of the charge.