Murder Accused: Marcus Bisram leaving court on Monday in the company of Attorney Datadin
A debate in the Whim Magistrate’s Court on Monday afternoon between the Prosecution and Defense attorneys in the Marcus Bisram matter before Senior Magistrate Alex Moore proved that the state is not fully equipped to proceed in the matter against Bisram despite fighting for his return to Guyana over the last two years.
Special prosecutor Stacy Goodings from the Director of Public Prosecution Chambers attempted several maneuvers in the court to have the matter adjourned until December 28 but that frowned upon by the defense.
Questioned by the Magistrate on the need for such a lengthy adjournment, Goodings told the court that she had other matters and her diary was filled. Above all, the further indicated to the magistrate that she would need that amount of time to photocopy documents including statements and to gather up other evidence in the matter to present to the court as the court was not in possession of most of what is needed to see the commencement of the Preliminary Inquiry.
Outside of that, Goodings told the court that the Prosecution is not looking to have a paper committal done in the matter. Again, this was frowned upon by the prosecution who indicated that Goodings was deliberately seeking to make submission which she wants the court to rule in favor of, that will in essence delay the trial of Bisram.
Senior Magistrate Moore ruled that the court will meet again on December 09, 2019 where all files in the matter are to be presented to the court, for there to be a site visit and possibly the cross examination of a named witness by the defense as the latter requested and submitted that they were in a position to proceed with.
The matter will be called at the Springlands Magistrates Court during the next hearing, something the Prosecution was not in favor of and indicated to the court that the chancellor had ruled that the matter be removed from that court. Goodings submission was challenged by the defense which claimed the Chancellor never made such a ruing or passed any such directive.
In-fact, it was noted that a decision was made to have the matter removed from a magistrate who was sitting at the Springlands Court, after being asked if she had anything to contradict what the defense had to say in quantifying her earlier statement, the prosecution in the person of Goodings said she never stated the chancellor made any such order, the court erupted into whispers of amusement.
Defense Council Datadin told the court that the defense was also in possession of Police Inspector Prem Narine visiting the Camp Street Prison where he was attempted to persuade witnesses to give statements implicating Bisram.
Magistrate Alex Moore told the court that what they can be assured of is that justice in the Marcus Bisram matter would be swift regardless in whose (prosecution or defense) favor it goes. He said that he strongly believes in the principle of justice being delayed is justice denied and urged the prosecution to be mindful that notwithstanding the charge against a defendant, there are still fundamental and rights to a fair and speedy trial.
Goodings told the court that at her office at the DPP Chambers, she is required to make copies of documents herself and is not assisted by anyone and that in itself is time consuming, the defense offered to assist her in getting the files together to be presented by the court even if it means using resources including but not limited to finance, material and human in order to have the materials submitted to the court in a timely manner in the interest of justice not being delayed.
Today at Court, several relatives of Bisram gathered at the court, including his mother. There were also several other persons who were present at court for various matters who hurried to get a glimpse of the accused as he walked from the police compound into the adjourning court compound neatly dressed in a suit.
Bisram is charged with the murder of carpenter Faiyaz Narinedatt in October 2016. Five other persons have been committed to stand trial in the High Court in relation to the same matter. Bisram was returned to Guyana following a failed legal battle to stave off an extradition from back to Guyana from the united States.