CITY Magistrate, Clive Nurse, on Wednesday, upheld a no-case submission by defence attorney, Nigel Hughes, and dismissed the charge of Driving Under the Influence (DUI) against former Army Chief, Rear Admiral (ret’d), Gary Best.
It was only two months ago that Best was freed of the charge of causing the death of national cyclist, Jude Bentley.
Hughes asked the court to dismiss the DUI charge on the ground that the prosecution failed to produce sufficient evidence to prove key elements of the case. Hughes also relied on the testimony of a police officer, who, during the trial, told the court that the results of the breathalyzer test are considered unreliable if the machine is not calibrated every six months.
In his ruling on Wednesday, Magistrate Nurse agreed that the prosecution failed to prove the elements of the offence and noted that there was no evidence to prove that the breathalyzer test was approved for usage.
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