Dear Editor,
The Guyana Police Force (GPF) has once again buried its head in the sand over recent questions regarding the calibration of key tools of their law enforcement arsenal. The Force was recently quizzed on the calibration and certification of their breathalyser units but offered a ‘no comment’ response via traffic chief Dennis Stephens. Further, the Force’s nonchalant mannerism regarding the topic was evident, with several questions posed by media officials on April 26 2023 in their Public Relations ‘Joint Services /Press team’ group going unanswered.
The Force’s manner of dealing with issues stems from the recent dismissal of the Driving Under the Influence (DUI) case against Roberto Narine, who was charged for causing the death of National Squash player Ian Mekdeci in May of 2022. In that case, Magistrate Clive Nurse upheld a no case submission by the prosecution on the grounds that there was no evidence that the specific breathalyzer instrument was approved for such use by the Minister as required by the Motor Vehicles and Road Traffic Act Chapter 5102. According to the lawyer representing Narine, “an unauthorized officer conducted a flawed breathlyzer procedure” on his client, using a device “unapproved for the purpose.”
According to a release, Narine’s lawyer argued that, “the prosecution itself had introduced into evidence information to show that the breathalyzer device was not in proper working condition as the witnesses admitted” under cross-examination that the device was incapable of printing the result receipts. This isn’t the first time that particular defence has been used in a high profile case, with another prominent attorney proffering the identical argument with the same result on behalf of then presidential advisor Gary Best in the killing of former National cyclist Jude Bentley back in February 8, 2020. From 2020, to now, both the GPF and the body responsible for calibrating the instruments of the force, the Guyana National Bureau of Standards (GNBS), have declined to comment how many units have been calibrated and certified.
While the Force remained silent on the matter, the GNBS said, “The GNBS is not authorised to disclose client Information regarding quantity [of instruments] verified.” When quizzed about the legal framework that impresses upon the Force to ensure that their tools are properly calibrated, the GNBS responded by saying, “The onus is on the Guyana Police Force to ensure that the instruments are submitted for verification twice annually.” According to the state agency, “The GNBS has the capacity to conduct the verification of Breathalyzers which is done using a calibrated Test Bench and certified Test Solutions. This service was introduced in May 2021 and is conducted by the Legal Metrology Department of the GNBS. Verification is recommended to be done twice yearly and the Guyana Police Force is aware of this requirement as they would have completed several trainings with the GNBS. Additionally, the service was also publicised.”
It is unclear how many of the devices are in the care of the GPF and if there have been moves to ensure these machines are properly calibrated.
Sincerely,
(Name and Address Withheld)
