BREAKING: No Moore in Bisram case as Chancellor axes magistrate; Defense cites dangerous development

Murder Accused: Marcus Bisram being escorted from a police vehicle into the Springlands Magistrate’s Court Monday morning

Today the Springlands Magistrate’s Court heard that the Chancellor of the Judiciary has ordered Senior Magistrate Alex Moore to remove himself from hearing the Marcus Bisram murder Preliminary Inquiry.

The decision comes days after the Bisram Matter began attracting a bacchanal with letters accusations as well as a petition which expressed confidence in the Director of Public Prosecution’s handling of the matter and concerns with the Magistrate’s handling of same.

Senior Magistrate Alex Moore

BISRAM CASE ATTRACTS BACCHANAL/ CONFUSION: Magistrate’s removal, magistrate shopping, confidence and no confidence all take centre stage   

Magistrate Alex Moore confirmed that while he was not formally written to about the decision to recuse himself from the case, he did receive verbal instructions from the Chancellor that he no longer hear the matter and that it be reassigned.

Moore today adjourned the matter to Chief Magistrate’s  Court in Georgetown for January 13, 2020.

“How can that be reasonable and now what we have to do is wait for another magistrate who is presently on leave comfortable in their home to return while Mr. Bisram waits in jail. We were never informed of the complaint and I am not sure why the prosecution or chancellor thought that it was not necessary not to inform us. Fair and due process dictates that we be informed and it was more fitting to tell the media than to tell us” Datadin explained.

Today’s play out in court comes as yet another form of delay for Bisram’s case to move along even as government fought tooth and nail to have him return to Guyana by way of an extradition from the United States.

State appears ill-prepared to prosecute Bisram: DPP Rep attempts several delay maneuvers in court

Today decision did not go down well with the defense attorneys who pointed out that the state prosecutor from the get go came into the trial with an agenda.

last week the prosecution did not show up for court in the matter when it was called before Magistrate Peter Hugh. That too was frowned upon by the defense. Bisram matter stalled as state fails to submit statements; was a no-show in court

They accused her of magistrate shopping and pointed out that the development is a very serious one which has implications for jurisprudence in Guyana as any citizen or family who feels a particular magistrate should not hear their matter would go about filing petitions to have those magistrates or judges removed by making baseless claims.

In a letter to the Chancellor last week, the DPP was clear in stating that Magistrate Moore who appeared aggressive to the prosecution and seemed to have a personal interest in the Bisram matter.

Today the defense told the press that the DPP’s letter was baseless and that the steps taken by the magistrate in the matter since it came before him were actions which were all provided for in the law.

Defense Lawyers Datadin at Left and Todd at right

“What you are seeing playing out here, it is going to take a very serious development and for our jurisprudence and we are going to call out the bar association because you cannot have a situation where people come up with all sorts of excuses to impede the integrity of a judicial officer without any solid evidence and if the prosecution is allowed to shop and when they find a magistrate that agrees with everything they say then i want that one, then what if the magistrate is agreeing with things that are not in keeping with the law because the magistrate might miss that then the prosecution would say lets hold that what we are seeing playing out here is the magistrate is just agreeing with that the constitutional rights of the accused and he is balancing the interest of the state and he is supposed to do that” Attorney at Law Dexter Todd told the press.

Bisram was extradited to Guyana after he fought and lost in his bid to return to Guyana to face a murder charge for the late Faiyaz Narinedatt who it is reported, he ordered killed after Narinedatt refused his sexual advances.

The defense is arguing that they care not, which magistrate the matter is called before but that they need a speedy trial for their client who they maintained is innocent.

Today Bisram as usual, emerged from a tinted police pickup with smiles and dressed in a blue shirt and black pants with suspenders. He arrived under escort from senior ranks from the Criminal Investigation Department in Georgetown.