Marcus Bisram’s appeal to CCJ set for Nov 11

Sep 24, 2021 News

Kaieteur News – Marcus Bisram appeal’s against a decision by the Court of Appeal for him to be committed to stand trial for the October 2016 murder of Berbice Carpenter, Faiyaz Narinedatt, has been fixed before the Caribbean Court of Justice (CCJ) for November 11, 2021. The hearing of oral arguments in the matter is set to commence at 10:00 hours via video conferencing.
Back in June, the CCJ had moved to suspend a judgment by the Appeal Court in the matter, where the Guyanese-American businessman and philanthropist was ordered to face fresh proceedings for the murder of the Berbice Carpenter.

Guyanese-American businessman, Marcus Bisram

The CCJ made the order after a preliminary hearing of an appeal filed by Bisram and his legal team. During the hearing, the CCJ ordered that the Appeal Court’s judgment in the Bisram case be suspended until the matter is heard and determined by the judges of the CCJ.
The CCJ also ordered that no steps be taken to re-arrest Bisram, but made it pellucid that he must surrender all of his passports to the Registrar of the Supreme Court and, further, to report every Monday morning to the Divisional Police Commander in Berbice.
Bisram’s legal team, which includes lawyers Darshan Ramdhanie, QC; Arudranauth Gossai; Dexter Todd and Sanjeev Datadin, had moved to the CCJ seeking leave to appeal against the decision, following the decision of the Court of Appeal.
On June 1, the Court of Appeal handed down a ruling in favour of the Director of Public Prosecutions (DPP), Shalimar Ali-Hack, SC, who had asked that the decision by High Court Judge, Simone Morris-Ramlall, be overturned.
Morris-Ramlall had acquitted Bisram of the murder charge, despite orders by the DPP that he be committed to face a murder trial in the High Court. Bisram, who was extradited from the United States of America to face charges for the 2016 crime, had previously faced a preliminary trial in the Magistrates’ Court. Magistrate Renita Singh, after a preliminary inquiry had ruled that there was insufficient evidence to send him to the High Court for trial.
The DPP had, however, invoked her powers under Section 72 (1) and (2) (ii) (b) of the Criminal Law Offences Act, and directed the Magistrate to reopen the inquiry with a view of committing Bisram to the High Court for trial. Her directions were complied with, but Bisram challenged the DPP’s right to instruct the Magistrate in the High Court. In a subsequent decision Justice Morris-Ramlall quashed the DPP’s orders.
Justice Morris-Ramlall also ordered that the DPP should be prohibited from instituting the charges against Bisram again. It is this order that the DPP challenged in the Appeal Court. Bisram through his attorney, Gossai, cross-appealed challenging the DPP’s right to order the Magistrate. The Appeal Court however ruled in favour of the DPP instructing that the case return to the lower court for trial.

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