The Guyana Energy Agency (GEA) has filed a Notice of Appeal against the decision of Magistrate Sunil Scarce who dismissed the charge of importing petroleum without an importing wholesale license issued by the Guyana Energy Agency contrary to Regulation 4(2)(b) Petroleum and Petroleum Products Regulations 2014.
The particulars of the offence were that Dorwain Bess between the period 3rd and 4th November, 2020 at Friendship, East Bank Demerara in the Georgetown Magisterial District imported petroleum products to wit approximately 155, 000 litres of Diesel without authority to do so under an import or an importing wholesale licence.
On Friday May 17th 2024, at the Diamond Magistrates Court,Magistrate Sunil Scarce, dismissed all charges against Bess, President of SBF Petroleum, brought by GEA
In a statement issued by Bess, he stated after extensive legal proceedings and detailed submissions from both the defence and prosecution, Magistrate Scarce concluded that there was insufficient evidence to connect him to the alleged offence.
The GEA in a statement, however, said it presented evidence of five (5) witnesses in the matter and apparently disagrees His Worship Magistrate Sunil Scarce upheld the no case submission filed by Bess’ counsel.
The Agency said is of the view the Learned Magistrate erred in law and/or misdirected himself on the law when he held that a prima facie case was not made out against the Defendant and that the dismissal of the case after the prosecution closed its case was against the weight of the evidence which was before the court.
The GEA is the latest state agency to appeal a case where the court rules in the favour of the people. The two most recent being Government appealing Justice Sandil Kissoon’s ruling that favours public school teachers and the oil insurance ruling that favours the people.
GEA said it will continue its mandate in ensuring persons do not engage in importation of fuel without the requisite licences issued by the agency.
