As he had done before in dismissing a case against former Guyana Defence Force Chief of Staff, Gary Best, who had been charged with driving under the Influence (DUI) in relation to the death of cyclist Jude Bentley, Magistrate Clive Nurse has thrown out another case of DUI, even though a breathalyser seemingly recorded a reading above the legal limit.
The ultimate reason—at the very basic level—lack of proof that the instrument was even properly functioning.
Like other Magistrates have also done in similar cases, the reason often cited by the Court for such dismissals, is the lack of sufficient evidence from the prosecution: 1) that the instrument used to carry out the breathalyzer test was properly calibrated and approved, and 2); that the officer conducting the analysis of the test is authorised to so do.
