“I am pleased with the court’s ruling, which reaffirms my compliance with the law: this decision, I believe, will now pave the way for myself to regain my company’s Licence for SBF Petroleum, to continue with our operations with a clear focus on integrity and service excellence.” So said businessman Dorwain Bess after the Court’s ruling.
Magistrate Sunil Scarce, on Friday May 17th 2024, at the Diamond Magistrates Court, dismissed all charges against Dorwain Bess, President of SBF Petroleum, brought by the Guyana Energy Agency.
After extensive legal proceedings and detailed submissions from both the defence and prosecution, Magistrate Scarce concluded that there was insufficient evidence to connect Mr. Bess to the alleged offence.
The charges stemmed from an incident that occurred between November 3 and 4, 2020, where Mr. Bess was accused of importing approximately 155,000 litres of diesel at Friendship, East Bank Demerara, without proper authorisation. Magistrate Sunil Scarce, who presided over the case, rendered the decision after careful consideration of the evidence presented.
In delivering his ruling Magistrate Scarce said his decision hinged on the evidence provided by the prosecution’s key witness, Mohanram Persaud of the GEA. The court noted that the primary evidence against Mr. Bess was a telephone conversation in which Mr. Bess mentioned having a pending application for an import licence. However, there was no specific reference in this exchange to the vessel carrying the fuel in question.
“The exchange in and of itself does not point to any specific allegations,” Magistrate Scarce stated. He further noted that Mr. Bess was neither cautioned nor informed of specific allegations during the conversation. Consequently, the court found that the evidence presented was tenuous and insufficient to establish a prima facie case against Mr. Bess.
Key Points from the Ruling:
Primary Evidence: The prosecution’s case relied heavily on the testimony of Mohanram Persaud from the Guyana Energy Agency (GEA). Mr. Persaud recounted a telephone conversation with Mr. Bess where the latter mentioned having a pending application for an import licence.
Insufficient Evidence: Magistrate Scarce noted that this conversation was the only evidence connecting Mr. Bess to the alleged offence. Importantly, there was no direct link established between Mr. Bess and the specific vessel carrying the diesel.
Lack of Specific Allegations: The court observed that Mr. Bess was not informed of specific allegations during the exchange with Mr. Persaud. The conversation did not indicate any knowledge of or connection to the particular vessel mentioned in the charges.
Honest Testimony: The magistrate commended Mr. Persaud for his honest testimony, noting that he did not add any incriminating details that could unjustly implicate Mr. Bess.
No Prima Facie Case: Given the absence of concrete evidence, Magistrate Scarce concluded that the prosecution’s case was tenuous and could not support a prima facie case against Mr. Bess. Therefore, the charges were dismissed.
Bess said he is happy it’s finally over and prayed God’s blessings over the magistrate. “The Magistrate is a very professional person, a very fair person, and was always very respectful and accommodating.”
