The Preliminary Inquiry (PI) into the death of Fayaz Narinedatt will finally commence on Thursday after over two years of legal battles by murder accused Marcus Bisram.
The first witness will be called on Thursday before Magistrate Renita Singh at the Whim Magistrate’s Court.
When the case was called two weeks ago, both the prosecution and defence put forward opposing legal arguments as to how the case should be conducted.
The prosecution was contending that it has the right to call witnesses to take the stand during the PI while the defence was contending that since it was a paper committal, the prosecution should not be calling witnesses to the stand.
During her ruling on whether to have a paper committal or not, Magistrate Singh said natural justice cannot be upheld if a Magistrate should only be granted jurisdiction over a part of the matter. She said the court believes that it is a new hearing, hence she should have full judication over the matter.
She noted that if witnesses are called to the stand or just the testimonies are taken, regardless of what happens, she still has to determine whether a prima facie case has been made out.
She said the case will proceed with all statements and pictures being tendered. The court will also visit the scene of the alleged crime. Magistrate Singh also ruled that witnesses will be allowed to take the stand if need be to provide information on photos which may form part of the evidence.
Speaking with reporters after the hearing, Attorney-at-Law Sanjeev Datadin said he was happy that the court agreed with the defence that it will be a paper committal.
Bisram is accused of ordering the death of Fayaz Narinedatt, a carpenter of Number 70 Village, Corentyne, on November 30, 2016.
His death was initially reported as a suspected hit-and-run accident. It was later reported that Bisram 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. That trial in the High Court is set to come up in the February session of the Berbice Assizes.