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DPP appeals dismissal of Gary Best’s fatal accident case
Dead: National cyclist, Jude Bentley.
Kaieteur News – The Department of Public Prosecution (DPP) yesterday filed an appeal for the dismissal of the ruling for Former Chief of Staff of the Guyana Defence Force (GDF), Rear Admiral (ret’d) Gary Best, causing death by dangerous driving charge in which national cyclist, Jude Bentley, was killed. The notice of appeal was filed in the Court of Appeal.
The appeal came days after Magistrate Rondell Weever, in the Georgetown Magistrates’ Courts, upheld a no-case submission that was made in October by Best’s attorneys, Nigel Hughes, Ronald Daniels and Sophia Findlay, based on the grounds that the prosecution failed to prove the key elements of the offence.
As such, Magistrate Weever on Thursday last, ruled that the prosecution failed to establish that Best was driving dangerously, therefore the charge was dismissed.
Former GDF Chief of Staff, Gary Best.
However, based on a court document seen by this publication, the Magistrate’s ruling for that case must be set aside or upturned, since the ruling will be appealed and Best, was also ordered to pay the cost of the appeal.
The document stated, “Take notice that this Court will be moved on a day and at an hour of which you shall be informed by the Registrar by Mrs. Shalimar Ali-Hack, SC, Director of Public Prosecutions, Counsel on behalf of the Appellant that the decision given in the above matter by Her Worship, Magistrate Ms. Rondell Weever at the Georgetown Magistrates’ Courts on the 3rd December 2020, be set aside and/or reversed and the respondent be made to pay the costs of this appeal.”
Best, during an interview outside of the courthouse moments after the ruling, said, “I would like to express that I’m happy that the matter is dismissed and what played out in court is exactly what happened.”
During the interview, Best also stated that now that the matter is over both families can heal. He said that it was an accident and the facts that were presented to the court showed that he was not driving dangerously and did not deliberately kill Bentley.
Best was placed on $500,000 bail and was not required to plea to the indictable charge when it was first read to him. The charge stated that on February 8, 2020, at Clive Lloyd Drive, Georgetown, he drove motor vehicle, PRR 8182, in a manner dangerous to the public thereby causing the death of Bentley.
The People’s National Congress (PNC) executive member, who lives at Pradoville Two (Sparendaam), East Coast Demerara, was also charged for driving under the influence of alcohol.
He had denied the charge, which stated that on February 8, 2020 at Clive Lloyd Drive, Georgetown, he drove motor vehicle PRR 8182 while his blood alcohol level was at 0.85 micrograms.
Best was granted self-bail on that charge, while the trial for that matter is ongoing in the Georgetown Magistrates’ Courts before Senior Magistrate Clive Nurse.
In a previous hearing of the matter, the court learnt that Best served his country for nearly 35 years and that he also served as a presidential advisor, a member of the Legal Aid Clinic and is the recipient of a Medal of Service.
Kaieteur News has reported that the accident occurred at around 5:00 am on February 8, 2020. Bentley was allegedly struck by a black Toyota Land Cruiser, which was being driven by Best.
Reports indicate that Best and Bentley were heading in the eastern direction (along Clive Lloyd Drive) when the former slammed into the cyclist, taking down a utility pole located on a median at the same time.
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