Former Guyana Defence Force Chief of Staff, Gary Best was yesterday freed of the Driving under the Influence (DUI) charge brought against him in relation to the death of cyclist Jude Bentley.
Best appeared at the Georgetown Magistrate’s Court before Magistrate Clive Nurse, who upheld the no-case submission made by his attorneys and consequently dismissed the matter.
Last month, Best’s attorneys were seeking to have the driving-under-the-influence charge brought against him dismissed and had submitted a no-case submission to the court, where they contended that the prosecution lacked substantial evidence to prove the charge instituted against their client.
Yesterday, Magistrate Nurse stated that there was no evidence that the instrument used to determine Best’s alcohol level was approved to carry out a Breathalyzer test, hence his decision to uphold the no-case submission made by Best’s attorneys and he subsequently dismissed the matter for lack of sufficient evidence.
Sophia Findlay, one of the three attorneys representing Best, in a brief comment to Stabroek News stated that the court agreed that the prosecution failed to establish the elements of the offence and as such the matter was dismissed.
On December 3rd last year, Best was freed of the charge of causing the death of Bentley by dangerous driving. His attorney, Nigel Hughes, had referred to Magistrate Rondell Weaver’s ruling 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.
On December 7th last year, the Director of Public Prosecu-tions Shalimar Ali-Hack served a notice of appeal to challenge the decision to free Best of the charge of causing the death of Bentley by dangerous driving.
In March last year, Best was formally charged with the offence. It was alleged that at approximately 4:31am 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 at the time of the accident. Best was also charged with driving under the influence of alcohol.
Best, who had served as a member of the Guyana Defence Force for over 34 years, had been functioning as a presidential adviser at the time of the accident.
According to investigations, Bentley was riding his cycle, heading east on Clive Lloyd Drive, in order to meet a group of cyclists at Sheriff Street. Best, who was proceeding in his vehicle in the same direction, alleged that the cyclist suddenly appeared in front of him and although he applied his brakes the right side of the front of his vehicle collided with the cyclist, who fell onto the roadway and sustained injuries. A lamp pole on the southern side of the road was dislodged by the vehicle as it came to a stop. An autopsy revealed that Bentley died as a result of the multiple injuries he suffered.
