DPP withdraws appeal against Judge’s decision to free Marcus Bisram

The Director of Public Prosecutions (DPP), Shalimar Ali-Hack on Thursday withdrew an appeal challenging Justice Simone Morris-Ramlall’s ruling in the Marcus Bisram matter on the basis that the High Court does not have the jurisdiction to hear the matter.

Less than two weeks ago, Justice Morris-Ramlall released murder accused Bisram from prison after she ruled that the DPP acted in contravention of the law when she ordered Magistrate Renita Singh to commit him to stand trial for the murder of carpenter Fayaz Narinedatt.
Justice Morris-Ramlall also declared that Bisram’s arrest and subsequent incarceration were unlawful and ordered his release from the Camp Street Prison.
However, on Monday, June 8, 2020, the DPP filed an appeal with the Full Court against this judgement. Presiding over the case were Justices Sandil Kissoon and Jo-Ann Barlow, who were expected to deliver a ruling via video conference. However, the matter was withdrawn by the DPP.

The DPP office in a brief comment stated that the High Court was the wrong place to file the appeal and instead it should have been filed with the Court of Appeal.
This has been the third time that the matter against Bisram has been brought before a local court. As such, Bisram’s Attorney, Sanjeev Datadin is contending that “this is a blatant harassment and abuse of power” by the DPP.
In fact, Datadin states that the last move left for the DPP is to move to the Court of Appeal, which he believes is a waste of time.

“We believe that does not make any sense. The substance of the appeal makes no sense. The Judge in the High Court was very clear on what she ruled, and it is very clear on what the law is in this hearing,” Datadin stated.
On March 30, Magistrate Singh upheld the no-case submission by Bisram’s battery of lawyers at the Whim Magistrate’s Court in the East Berbice-Corentyne region. However, Bisram’s freedom was short-lived when DPP Ali-Hack directed Magistrate Singh to re-open his case and commit him to stand trial in the High Court. He was committed to stand trial on April 6.
Datadin, Bisram’s lead counsel, challenged the orders in the High Court and argued that the DPP acted in contravention of the statutes when she issued her orders.
He contended that the DPP’s decision was unreasonable, unlawful, malicious, made in bad faith and contrary to the rules of natural justice. He also argued that there was no legal foundation for the DPP to order the Magistrate to commit his client. Datadin sought, from Judge Morris-Ramlall, several other orders inclusive of Bisram’s immediate release.

Bisram was accused of ordering the death of Narinedatt between October 31 and November 1, 2016. On March 7, 2017, an arrest warrant was issued for Bisram, who was in the US at the time. The warrant was issued on the allegation that Bisram instructed five other men – Harri Paul Parsram, Radesh Motie, Niran Yacoob, Diodath Datt, and Orlando Dickie – to kill Narinedatt because the carpenter retaliated when Bisram made sexual advances to him.
In November 2018, he was extradited to Guyana after a US Appeal Court two months prior ordered his extradition after denying both a rehearing of his appeal and a motion to stay the extradition. (Shemar Alleyne)