Marcus Bisram freed after State fails to prove murder case

…rearrested hours later after DPP directs PI be reopened

Marcus Bisram, who is accused of ordering the 2016 murder of a carpenter, was on Monday set free after the State failed to make out a prima facie case against him.

However, mere hours later, he was rearrested at his home village, Number 70, Region Six (East Berbice-Corentyne), after Director of Public Prosecutions, Shalimar Ali-Hack directed Magistrate Renita Singh to reopen the Preliminary Inquiry.
In handing down her decision at the Whim Magistrate’s Court, Magistrate Singh said that of the more than 30 witnesses which the prosecution presented, only one gave any evidence which was relevant.

That witness, Chaman Chunilall, was the only witness who actually took the witness stand during the preliminary inquiry.
She noted that in his evidence from the dock, the witness said that he did not provide that evidence to the police.
In his evidence, Chuilall said that he did not give the police the statement. In fact, they wrote something and asked him to put his thumbprint on the paper, he had informed the court.
The prosecution’s case, which was presented by Attorney-at-Law Stacy Goodings was that Chullall heard Bisram ordering five men to kill Fayaz Narinedatt.
Narinedatt’s lifeless body was picked up on the Number 70 Village Public Road on the morning of November 30, 2016.

The prosecution was alleging that after the act was carried out, Narinedatt was taken to the road and a staged hit-and-run scene was created.
Bisram was initially charged in absentia along with five others – Orlando Dickie, Radesh Motie, Diodath Datt, Harri Paul Parsram, and Niran Yacoob have all been committed to stand trial for the murder. He was subsequently extradited from the US to Guyana on November 20, 2019, to face the murder charge in Guyana.
During the PI, the defence was led by Attorneys-at-Law Sanjeev Datadin, Glenn Hanoman, Dexter Todd and Benard DeSilva, who had argued that there was no case against Bisram.
After the prosecution closed its case, defence attorney Hanoman argued that after three and a half years, the prosecution based its case on “something” Chaman Chunilall, a witness, may have heard.
According to Hanoman, Chunilall in a statement claimed that he was unaware of anything that was reported by the prosecution. The defence attorney in his closing submissions argued that the prosecution was tasked with the responsibility of proving whether the caution statement from Chunilall was voluntary.
In addition, Hanoman stated that the prosecution does not have enough evidence to prove that his client was involved in the heinous crime.
The prosecution, he stated, has presented a theory that Narinedatt was beaten by five persons after he was left to die on a roadway to appear that he was killed in a hit-and-run.
Nevertheless, he explained that the post-mortem certificate stated that Narinedatt died at the Skeldon Hospital, while noting that the wounds on the deceased were consistent with a vehicular accident.
After the court ruling on Monday, Datadin told reporters that they were forced to get the court to change the Magistrate on more than one occasion and it took three years to vindicate Bisram.
Bisram, speaking to reporters after being freed, said justice was served. He then pledged $200 million annually to humanitarian causes in Guyana.
However, Bisram’s freedom was short-lived as mere hours later he was rearrested by Police. In a statement, the DPP chambers insisted that there was enough evidence for Bisram to have been committed to stand trial in the High Court. The DPP then directed Magistrate Singh to re-open the Preliminary Inquiry.
“There was sufficient evidence for the Magistrate, Ms Renita Singh to have committed Bisram. The DPP, in compliance with the law, requested the court documents from the Magistrate and having been satisfied that there was sufficient evidence contained therein for him to have been committed, has directed the Magistrate to re-open the Preliminary Inquiry,” the statement read.
Meanwhile, Datadin told this publication that the defence team will be approaching the High Court to secure Bisram’s release.