Bisram extradition hearings enter critical phase

Sep 19, 2018 News

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A New York judge hearing the habeas corpus action into the extradition of murder suspect, Marcus Bisram, has ordered lawyers from both sides to provide key documents.
From all indications, this is the last phase of the proceedings before Judge Kiyo Matsumoto refers the matter to the US Secretary of State for a final decision.
According to the judge in the order dated September 10, the parties shall provide the court with two courtesy hard copies of all of their respective filings in the habeas action as well as the underlying extradition action on or before September 13, 2018.
The case has been dragging on since Bisram, a prominent Guyanese millionaire businessman and philanthropist, was arrested last year in a New York home after the Government of Guyana filed an application for extradition.
The court ruled that Bisram was extraditable but his lawyers filed a last ditch habeas corpus action late last year.
The case is a major one since it is highly unusual for the US to extradite one of their citizens, albeit a Guyanese-born, back to Guyana.

During the last few months, the US Government objected to Bisram’s attempts to have witnesses testify through the US Embassy in Guyana.
In a June 6 response to Bisram’s lawyers application last month, US Attorney, Richard Donoghue, in his letter to Judge Kiyo Matsumoto of the Brooklyn Court, said that “the fugitive’s request that the US arrange for the complaining witnesses to testify via television or telephone at the United States Embassy in Guyana” is untenable.
As an initial matter, Bisram has no right to obtain the testimony he seeks.
“In addition, nothing in the extradition treaty between the United States and Guyana would allow the United States to make such a request. Moreover, even if there were a legal basis for the request, a court has no authority to order the Executive Branch to invoke the treaty process to obtain evidence abroad for a private citizen,” the letter to the judge said.
According to Donoghue, the process afforded the fugitive during the extradition hearing was consistent with the Constitution and Laws of the United States.
“The fugitive had the opportunity to admit evidence during the extradition hearing, and he did in fact did admit an exhibit.”
The US attorney said that in October 2016, the fugitive allegedly committed a murder in Guyana. “After the Government of Guyana submitted a request for the fugitive’s extradition to the United States Department of State, in July 2017 the fugitive was arrested in Queens, New York.
After numerous extensions requested by the fugitive, the court held an extradition hearing on
October 2, 2017.”
He argued that the extradition court properly rejected those arguments and certified that the fugitive should be extradited.
In fact, Bisram relied on argument and innuendo, waiting nearly a year before raising these “erroneous” claims.
“The fugitive’s stalling has gone on long enough. The Court should reject his request for an evidentiary hearing and deny his petition.”
Bisram, a millionaire philanthropist, is being held for the 2016 murder of a Berbice carpenter, Faiyaz Narinedatt.
The Government of Guyana had requested Bisram, who lives in New York, to be extradited.
A court ruled that he is extraditable. However, the businessman, who has retained a battery of lawyers in New York, and in Guyana, had filed habeas corpus proceedings, in last-ditch attempts to be freed.
A judge earlier this year gave lawyers until April 16, to file a reply to the US government objections.
According to the court documents, in the case against the Metropolitan Detention Center where Bisram is currently being held, his lawyers are arguing that the challenge to the extradition is a limited one.
The question before the court is whether there is probable cause to try the accused, not whether he is guilty. The petitioner cannot offer a defence to the charges such as alibi, self-defence, or insanity – as such defence is not at issue in the case, the lawyers for Bisram contended.
At issue, the court documents said, is the evidence demonstrating that the statement from an “illiterate minor” named Chaman Chunilall, called ‘Nicko’ or ‘Bake’.
The lawyers claimed that the statement of the lone teenaged eyewitness was “coerced” by the police and prosecutors in Guyana.
In fact, the lawyers claimed that Chunilall admitted that his story accusing Bisram of ordering the killing of Narinedatt, is a fabrication.
In January, Assistant Legal Advisor of the Department of State, Washington, Tome Heinemann, filed a declaration in which it was disclosed that the Ministry of Foreign Affairs of Guyana on January 18, 2018, transmitted its request for the extradition of Bisram.
Bisram was arrested at a New York beachfront property, in Far Rockaway, Queens, on July 4, last, after a U.S. Judge issued a warrant for him. Prior to that, Bisram was posted on the Interpol wanted list.
He is alleged to have ordered the killing of Faiyaz Narinedatt, a carpenter who rebuffed his sexual advances during a backyard encounter.
Narinedatt was beaten, placed in a car trunk, dumped on the Corentyne Road and ran over to make it look like a hit-and-run.
Bisram’s alleged actions in November 2016 in Berbice, caused four men to be charged for murder. They are Radesh Motie; Diadath Datt, 18; Harripaul Parsram, 49, and Niran Yacoob, 37.
Bisram’s mother, Shermella Inderjali, 45, a mother of two, of Number 71 Village, Corentyne, Berbice and Maryanne Lionel, 25, of Number 71 Village, Corentyne, Berbice were arrested during a sting operation. They were charged for willfully attempting to pervert the course of justice.
Bisram, a millionaire, was close to Berbice police, making significant donations via his charity.

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