THE Caribbean Court of Justice (CCJ) is expected to deliver its ruling today on a matter, filed by Guyanese-American businessman Marcus Bisram, challenging the Guyana Court of Appeal’s ruling that he stand trial for the 2016 murder of Berbice carpenter Faiyaz Narinedatt.

A virtual ruling to be delivered by the seven-member panel of judges at the Trinidad-based court has been set for13:30hrs.

Through his attorney-at-law, Darshan Ramdhanie, QC, Bisram is petitioning the CCJ to declare a section of the Criminal Law (Procedure) Act unconstitutional.

Ramdhanie had initially asked the court, which is Guyana’s final Court of Appeal, to strike down Section 72 (1) and (2) (ii) (b) of the Criminal Law (Procedure) Act, which empowers the Director of Public Prosecutions (DPP), Shalimar Ali-Hack, SC, to, inter alia, direct a magistrate to commit an accused person to stand trial in circumstances where the said magistrate, after conducting a preliminary inquiry, discharges that accused person.

The lawyer’s position is that the section of the Act upon which the DPP has based her directive is unlawful, as it infringes upon Bisram’s constitutional rights, as provided for by Articles 122 (A) and 144 (1) of the Constitution of Guyana, and the Separation of Powers doctrine.

Article 122 (A) provides that, “All Courts, and all persons presiding over the courts, shall exercise their functions independently of the control and direction of any other person or authority; and shall be free and independent from political, executive, and any other form of direction and control.”

According to the attorney, the DPP, purportedly acting under the provisions of Section 72, had sought to exercise a judicial function by directing a magistrate to, in effect, ignore her [the magistrate’s] finding of the lack of evidence, and to commit his client to stand trial in the High Court.

Last year, during a case management hearing, the CCJ suspended the judgement of the Court of Appeal until it hears and determines Bisram’s appeal.

It also ordered the DPP not to take any additional steps in the existing criminal proceedings to further the prosecution of Bisram, including, but not limited to, any steps to detain him, pending the hearing and determination of the case before it.

The CCJ further ordered that Bisram surrender his passport to the Registrar of the Supreme Court of Judicature of Guyana, and that he remain in Guyana and present himself to the Divisional Commander or Deputy Commander of ‘B’ Division by 12:00hrs every Monday until the determination of the appeal.

On May 31, 2021, the Court of Appeal ruled in favour of a case filed by the DPP to challenge the decision made by Justice Simone Morris-Ramlall, on June 1, 2020, to free Bisram.

Justice Morris-Ramlall had granted several orders, which led to Bisram’s release.

Dissatisfied with this turn of events, the DPP then moved to the Court of Appeal, seeking to overturn the ruling. But when the Court of Appeal unanimously overturned the judge’s decision, Bisram had to turn himself over to the police, who placed him on remand to stand trial for the capital offence of murder before the High Court.

Bisram is accused of being the mastermind in the killing of Narinedatt on October 31, 2016.

Narinedatt’s body was found on the Number 70 Village Public Road in Berbice, by which time Bisram had already returned to the United States.

He was extradited to Guyana in November 2019, after spending over two years in prison in the US.