…Magistrate recuses self in the Marcus Bisram matter

MAGISTRATE Alex Moore, on Monday, recused himself from the Marcus Bisram murder trial, following a directive by the Chancellor of the Judicary, Yonette Cummings-Edwards.
Guyana Chronicle understands that a letter by the DPP was sent to the Chancellor followed by a petition by the relatives of Faiyaz Narinedatt, who was allegedly murdered by Bisram. The relatives had petitioned seeking to have the senior magistrate removed from hearing the matter on the grounds that he was being biased against the prosecution. As a result, the Chancellor issued a directive that Moore recused himself.

At the Springlands Magistrate’s Court in East Berbice Corentyne, on Monday, where the matter was scheduled to continue, Moore acceded to the directive and made a note that the prosecution declined to move forward with the matter and made no disclosure as directed, citing they were awaiting the answer to the recusal request. The matter was adjourned until January 13, 2020 and will be heard before Chief Magistrate, Ann McLennan, in Court One, of the Georgetown Magistrates’ Court. At that hearing, the chief magistrate is expected to make a decision on where and by whom the matter will be heard moving forward.

This latest development angered Bisram’s lawyers. Speaking with reporters after the matter was adjourned, Dexter Todd, One of Bisram’s defence attorneys said the move by the prosecutor was clearly in contempt of the court’s orders and will certainly be raised before the Chief Magistrate. “I believe what is important is the culture we see transpiring in this matter. There is no part of the world where a Director of Public Prosecutions can overstep and say to the court I will not obey the order of the court. What the prosecutor did today is a clear contempt of court and that excuse of not acting on the court’s order because she is awaiting further instructions from the DPP is utter nonsense!”

Todd continued that, if the actions of the prosecution were left unabated, such could lead to chaos as the defence would think it was okay to disobey the orders of the court and then the court would be rendered useless if everyone was allowed to do as he/she pleased. “It should not be allowed, we will definitely not allow this to continue. I have not seen it in any other matter; I have not seen that type of allowance by any other court and, of course, if the magistrate has been given instructions to recuse himself from the matter then he cannot enforce his own order and that is what you saw happening in court…”

Meanwhile in response to why the magistrate agreed to a paper committal instead of a PI the two defense attorneys explained that what the magistrate did was in keeping within the ambits of what the law allows and was not in any way to be interpreted as being biased in favour of the defence. The team explained that they want a speedy trial and believes the prosecution does not have a case and in an effort to speed up the process they agreed in open court to allow any and all evidence the prosecution wishes to submit so that they can get to cross examine the witness for an hour. That they said was easier and faster rather than the longer version of a PI which can take over a year and their client remains in jail.
The comments come on the heels of the family issuing a statement and a subsequent petition that was submitted citing the magistrate was being biased in his proceedings. At the last hearing Magistrate Moore had reported sick while Special Prosecutor Stacey Goodings was a no show. The previous orders of the court had dictated that the Prosecution presented a full disclosure of the evidence which was not done. Efforts by the court to contact Ms. Goodings on that occasion were unsuccessful. However, she had requested the matter be adjourned until January 7, 2020. Bisram is accused of orchestrating five men to murder Narinedatt. The men have since been committed to stand trial in the High Court and have been remanded to prison.