With the Caribbean Court of Justice today voiding the section of the Criminal Law (Procedure) Act which empowers the Director of Public Prosecutions (DPP) to order the committal of a murder accused for trial, Marcus Bisram no longer has to answer for the 2016 murder of Berbice carpenter Faiyaz Narinedatt.
The pronouncement was made by the Trinidad-based court of last resort, unless, which said the only was Bisram can be prosecuted is by way of “fresh evidence.”
The Court has also ordered that Bisram’s passport be returned to him forthwith.
The ruling concluded a two-year-legal battle waged by Bisram against the DPP’s directing that he be committed to stand trial for the murder.
Following a Preliminary Inquiry at which he was discharged by a magistrate in March of 2020, Bisram was rearrested on direction of the DPP, who invoked her powers under Section 72 of the Criminal Law (Procedure) Act, ordering that he be committed to face trial before a judge and jury.
High Court judge Simone Morris-Ramlall would, however, later quash the committal order based on an application by his lawyers.
DPP Shalimar Ali-Hack, however, appealed that ruling, which the Court of Appeal last year overturned, paving the way for Bisram to be taken back into custody to await trial.
He, however, successfully petitioned the Caribbean Court of Justice for a stay of the judgment of the local appellate court pending its final ruling as he contended that the DPP’s directive was unlawful.
