Magistrate Alex Moore yesterday said that the preliminary inquiry (PI) into charge against Marcus Brian Bisram, the alleged mastermind behind the murder of a Corentyne carpenter, would be conducted by way of paper committal proceedings, which he said could be completed before the end of the year.
The magistrate made the pronouncement after listening to representations from both the state prosecutor and Bisram’s attorney at the Whim Magistrate’s Court, where the matter engaged the court’s attention for an hour.
Bisram, who was extradited to Guyana late last month, is presently remanded to prison after he was formally charged with procuring and commanding the murder of Faiyaz Narinedatt in 2016.
Bisram was arraigned at the Whim Magistrate’s Court, where he was charged with counselling, procuring and commanding Harri Paul Parsram, Radesh Motie, Niran Yacoob, Diodath Datt and Orlando Dickie to murder Faiyaz Narinedatt between 31 October, 2016 and 1 November, 2016, at Number 70 Village, Corentyne.
Bisram, 30, is being represented by attorneys Sanjeev Datadin and Dexter Todd, while the state is being represented by attorney Stacy Goodings.
While Magistrate Renita Singh, who is now on leave, presided over Bisram’s arraignment at the Whim Magistrate’s Court, Magistrate Moore presided yesterday and indicated that the paper committal proceedings would be used despite an application by Goodings to conduct a full PI into the charge.
Goodings noted that a full preliminary inquiry would give the prosecution an opportunity to present its evidence, which includes video footage and photographs, as well as site visits.
Magistrate Moore, however, noted that a full PI is a greater expenditure of time and energy as he pointed out matters before him in the past that were tried by way of paper committals.
However, while Datadin indicated that he was “ready to go” ahead, there was an issue yesterday as it relates to the statements in the matter.
Datadin noted that he did not need the statements since he had represented the five men charged with murdering Narinedatt under Bisram’s command and he said they have since been committed to stand trial in High Court. He asked Magistrate Moore to check on which statements the court had and what other statements the court needed to proceed.
While Magistrate Moore initially indicated that he thought the court had all of the statements, after inquiring with the clerk he said he was told that the court is “now putting together” all of the statements.
Although Magistrate Moore floated the idea of Datadin supplying the statements Datadin then advised that that may lead to Goodings writing a letter of complaint.
Magistrate Moore also said that Datadin may not mind financing the photocopying of the statements, which led to Datadin even opting to lend one of his clerks to assist Goodings, after she confirmed that she was tasked with photocopying the statements herself.
As a result, Magistrate Moore asked Goodings when she would be able to disclose all of the statements to the court and she indicated a date at the end of the month. This did not sit well with magistrate and Datadin. Both pointed out that the date suggested would be some three weeks away from yesterday.
Magistrate Moore also noted that since bail is out of his hands, he would ensure that the matter is dealt with expeditiously, as he pointed out that it seems to have become a norm for proceedings to be prolonged.
During the proceedings Magistrate Moore, who insisted that the matter can be completed before the end of the year, also explained that he is not a “holding magistrate” who grants adjournments until the magistrate on leave returns. He said he actually attempts to get cases going so that the assigned magistrate can return to some progress.
After an exchange with Goodings, the magistrate alluded to the possibility that he would “happily discharge” the matter if it is being delayed.
In addition, Magistrate Moore also questioned why the matter was being called at the Whim Magistrate’s Court, to which Goodings responded by pointing out that the law provides that the Chancellor may assign a case or remove a case from a magistrate even as she noted that she would have to seek guidance. She also pointed out an endorsement from the Chief Magistrate on the case jacket.
However, Moore then clarified whether it was a directive of the Chancellor, which led to Goodings stressing that she never said so.
The continuation of the proceedings was subsequently slated for December 9th, when Magistrate Moore said the matter will be called at the Springlands Magistrate’s Court at 11 am for disclosure after which they would proceed to visit the scene as requested by the prosecution and then return to the Springlands Magistrate’s Court to continue the matter.
Datadin yesterday further stressed that the defence presently only has the intention of cross-examining one witness, whose name was provided to the magistrate.
Although both Narinedatt’s relatives and Bisram’s relatives packed the courtyard, the former claimed that they were not allowed the opportunity to sit in the courtroom during the hearing. One relative explained, “Them police say ten people only and he (Bisram) family run up and gone. Them na say five from abie side and five from them side or nothing. That na fair.”
Meanwhile, Bisram, who was standing in the prisoners’ dock, was invited to sit by the magistrate on a chair that was already placed there. Bisram was also seen interacting with his relatives, who included his mother, during the proceedings.
