THE Guyana Energy Agency (GEA) has officially filed a Notice of Appeal against a recent court decision by His Worship the Magistrate Sunil Scarce, who dismissed a significant charge related to the unauthorised importation of petroleum.
The charge, filed under Regulation 4(2)(b) of the Petroleum and Petroleum Products Regulations 2014, accused Dorwain Bess of importing diesel without the necessary wholesale licence.
The GEA noted that according to court records, Bess allegedly imported approximately 155,000 litres of diesel between November 3rd and 4th, 2020, at Friendship, East Bank Demerara. The GEA asserted that this importation occurred without the required authorisation under an import or wholesale licence.
The GEA presented evidence through five witnesses during the trial. However, on May 17, 2024, Magistrate Sunil Scarce upheld a no-case submission filed by Bess’s counsel, effectively dismissing the charge. Magistrate Scarce ruled that the prosecution had not established a prima facie case against Bess.
In its Notice of Appeal, the GEA contends that Magistrate Scarce erred in his interpretation and application of the law. The agency argues that the decision to dismiss the case was not supported by the evidence presented and claims the ruling was against the weight of the evidence available in court.
The GEA noted that it remains steadfast in its commitment to regulating the importation of petroleum products in Guyana. It emphasised the importance of adhering to licensing requirements to ensure legal and safe fuel importation practices. The agency’s appeal aims to reinforce its regulatory mandate and ensure compliance with Guyana’s petroleum- importation laws.