Bisram matter stalled as state fails to submit statements; was a no-show in court
A directive by the court last week and an agreement that the state prosecution would disclose its statements and make them available to the defense attorneys in the Marcus Bisram case was honored in breach after the the representative of the Director of Public Prosecution failed to comply with the court order and was also a no-show in court today, Monday, effectively delaying the matter.
This development comes even as the state jumped high and low to have Bisram extradited to Guyana Marcus Bisram to arrive in Guyana within hours on the grounds that they had evidence that he was involved in the murder of 27 year old Faiyaz Narinedatt, and that the state was ready and prepared to go ahead with its prosecution of Bisram.
Today the matter was called before Magistrate Peter Hugh in the New Amsterdam Magistrates Court after Whim/ Springlands Magistrate Alex Moore reported sick for duty.
Notwithstanding Moore’s reporting sick, the prosecution ought to have still been submitting the statements to the defense counsel, according to Datadin, who is one of Bisram’s lawyers.
“We were initially told by the police prosecutor that the state wants the 7th January for continuation of the matter and that is inexplicable and unacceptable there is no bail possible in these proceedings as we all know and the state cant simply adjourn a matter for a month without an explanation and without a reason or cause” Datadin stated.
Last week the state argued that the matter should be called in the Whim Court as against the Springlands Magistrate Court but when pressed to provide good reasoning as to why this should be so, given that the alleged offence took place in the Springlands Magisterial District, the prosecution failed to provide a proper explanation. State appears ill-prepared to prosecute Bisram: DPP Rep attempts several delay maneuvers in court
Datadin today stressed that even if the matter was not going to be called at Whim or Springlands because of the absence of a magistrate, the ruling for the activities today which including a site visit of the crime scene and the disclosures of statements ought to have still taken place but with the prosecution’s no show and the fact that they have not provided the defense with the statements in the matter, the case reached a standstill today.
“I don’t know what game the prosecution is playing, their job should be very simple, they brought Mr. Bisram to Guyana by extradition, they have alleged that for the last two years they have all the evidence and they have all the statements, we were in-fact served with all the statements in relation to the other matter, the the five (five persons who are also charged) what is the reason for the delay? The reason is there is no evidence of anything against Mr. Bisram and baring the crucifixion that you see on social media, there is no real evidence against Mr. Bisram but the prosecution wants to keep him in prison while they figure out what to do; that is unlawful, that is not right and if this continues we intend to go to a High Court Judge and say that bail must be granted because this is untenable.” The defense attorney noted.
When it became clear that the prosecution was a no-show, the court attempted to make contact with the DPP representative and also instructed the defense counsel to also do the same but there was no answer response from the state prosecutor.
“This matter went to Caribbean Court of Justice the and the court ruled because of the peculiar circumstances of this case where we had alleged that there was no evidence for which a charge could be laid, because of the peculiar circumstances the prosecution must make every effort to conduct this matter without delay, without any delay and in the speedy way they can, speediest possible manner” the lawyer reminded the press.
Today Magistrate Pete Hugh adjourned the matter for the Springlands Court for next week Monday, December 16, 2019.
Once all goes well and there are no instances of reporting sick, magisterial switches or prosecution no shows, the matter will go on At Springlands in the new week.