DPP appeals case against former army chief

THE Director of Public Prosecutions (DPP), Shalimar Ali-Hack, SC, has moved to the Court of Appeal seeking to overturn or set aside the decision of Magistrate Rondell Weever to dismiss the charge of causing death by dangerous driving against former Chief-of-Staff of the Guyana Defence Force (GDF), Rear Admiral (ret’d), Gary Best.
On Friday, December 3, Magistrate Weever at the Georgetown Magistrates’ Court, upheld the no-case submission made by Best’s attorney Nigel Hughes and dismissed the charge on several grounds, including that the prosecution failed to prove that Best drove in a dangerous manner which resulted in the death of national cyclist Jude Bentley.
Hughes had argued that the prosecution failed to establish evidence to prove its case.

The DPP, dissatisfied with the magistrate’s ruling, moved to the appeal court seeking to have it reversed or overturned.
The Notice of Appeal read: “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 Rhondel Weever at the Georgetown Magistrate’s Court on the 3rd December, 2020, be set aside and/or reversed and the Respondent be made to pay the costs of this appeal.”
Best, 61, was on trial before Magistrate Weever for the offence, which stated that on February 8, 2020, at Clive Lloyd Drive, Greater Georgetown, he drove motor car PRR 8182 in a dangerous manner which resulted in Bentley’s death.

Bentley, 41, a businessman and national cyclist, was riding along the highway as part of his training when he was struck down in the vicinity of the Russian Embassy, at approximately 05:00hr by a black Land Cruiser. Reports indicated that Bentley and Best were heading east along the road, and that Best reportedly tried to avoid hitting Bentley and struck a utility pole, but still managed to hit the cyclist and drag him several feet from the point of impact.

Best was arrested at the scene, and two breathalyser tests were administered. Both tests reportedly revealed that he was way above the legally-prescribed alcohol limit.
Best still has a pending matter before City Magistrate, Clive Nurse, for driving under the influence of alcohol in relation to the said accident.
The particulars of that charge allege that Best had a breath alcohol level of .85 microgrammes at the time of the accident. He had pleaded not guilty to the charge and was released on self-bail.