…forced to withdraw matter and refile in Court of Appeal

THE Director of Public Prosecutions (DPP), Senior Counsel (SC) Shalimar Ali-Hack, on Thursday, withdrew her appeal at the Full Court against the ruling of High Court Judge, Simone Morris-Ramlall, who ruled that the incarceration of Guyanese-American businessman, Marcus Bisram, was unlawful and ordered that he be released from prison.

On Thursday, 11 June 2020, when the case was called before Justices Jo Ann Barlow and Sandil Kissoon, via video conference, the DPP withdrew her application after realising that she filed the application in the wrong court which did not have jurisdiction to hear and determine the matter.

The application is expected to be filed at the Court of Appeal. Bisram was represented by a team of lawyers comprising of Dexter Todd, Arudranauth Gossai, Murseline Bacchus and Sanjeev Datadin.

On June 1, 2020, Justice Morris-Ramlall granted a total of eight orders which led to the release of Bisram. The first order granted by the trial judge was for the quashing of the decision of the DPP made on or about March, 30, 2020, directing Magistrate Renita Singh to re-open the preliminary inquiry into the charge against Bisram, with a view of committing him for the said charge on the ground that the decision of the DPP was unreasonable, unlawful, and made by ignoring relevant considerations and ultra vires. The second was an order of certiorari for the quashing the decision of the DPP made on or about April 3, 2020, directing Magistrate Renita Singh to commit Bisram for trial in the High Court for the offence of murder, on the ground that the said decision was unreasonable, unlawful, and made by ignoring relevant considerations and ultra vires. “An order of certiorari be and is hereby granted quashing the decision of the said Magistrate made on or about April 6, 2020 at the Whim Magistrates’ Court, committing Marcus Bisram to stand trial in the High Court for the offence of murder,” one of the orders read.

Additionally, the judge granted an order which prohibited the DPP from proffering an indictment in the High Court charging Bisram.  Ramlall also ordered that the March 30, 2020 arrest of Bisram was unlawful, along with his incarceration since March 30, 2020.

Finally, the judge ordered the respondents to release Bisram from custody forthwith. Following the judge’s order, Bisram walked out of the Camp Street Prison, on Tuesday, April 2, 2020, after the final documents were signed. His attorneys also contended that they will soon be filing a lawsuit against the respondents for the unlawful arrest and imprisonment of their client.

However, On June 5, the DPP filed an appeal, contending that there was sufficient evidence for a lawful committal of Bisram and the Judge’s ruling must be set aside. “… the Learned  Judge  erred in law in  finding  that  there  was   not  sufficient  evidence   for  the  DPP  to  direct   the  Magistrate   to  reopen  the   committal proceedings  and  commit  the  accused  person,  based  on  the  evidence   of the prosecution’s star witness, Chaman Chunilall, recantation  of  his version  of  the  facts,  but  accepting   that recantation  of  evidence does  not  automatically  affect prosecutability” the document stated.

Another ground claimed that that Justice Morris-Ramlall erred in law and was   misconceived   in law in finding that the recantation does not automatically affect prosecutability but yet found that the arresting of the Applicant by the Commissioner of Police was unlawful.

During trial at the Magistrate’s Court, Magistrate Singh had initially freed Bisram after she found that the evidence given by the star witness for the prosecution was “unreliable” under cross examination. However, DPP ordered the magistrate to commit Bisram to the High Court to stand trial for the indictment.  Bisram was accused of orchestrating the murder of Narinedatt, a twenty-seven-year-old father of two, who was killed on November 01, 2016. Narinedatt’s body was found around 03:30 hours on Tuesday, November 01, 2016, on the Number 70 Public Road, Corentyne, Berbice.

His death was initially reported to be the result of a hit-and-run accident.  It was later reported that Bisram allegedly made sexual advances to Narinedatt, who objected to the advances. Bisram was initially charged here in absentia, while five others – Orlando Dickie, Radesh Motie, Diodath Datt, Harri Paul Parsram, and Niran Yacoob –  have also been committed to stand trial for the murder of Narinedatt.  Bisram, who holds dual citizenship, was extradited from the United State of America on November 21, 2019. He was charged with murder hours after his extradition and placed on remand at the Camp Street Prison.