Magistrate Renita Singh, who last week ruled that there was insufficient evidence against Marcus Brian Bisram to stand trial for murder, yesterday committed him to the High Court after she was directed by the Director of Public Prosecutions (DPP) to reopen the preliminary inquiry and proceed with the committal.
The charge against Bisram states that between 31 October, 2016 and 1 November, 2016, at Number 70 Village, Corentyne, he counselled, procured and commanded Harri Paul Parsram, Radesh Motie, Niran Yacoob, Diodath Datt and Orlando Dickie to murder Faiyaz Narinedatt.
He was discharged last Monday at the Whim Magistrate’s Court after Magistrate Singh had found that there was insuf-ficient evidence for a trial. However, Bisram was rearrested the same afternoon after the DPP wrote to Magistrate Singh and requested that she reopen the preliminary inquiry and commit Bisram to stand trial.
On Thursday last week, Magistrate Singh reopened the inquiry but stuck to her ruling that there was insufficient evidence to commit Bisram to stand trial. As such she adjourned the matter and awaited further directions from the DPP.
At yesterday’s hearing, the magistrate indicated that she received further directions to commit Bisram, which she did immediately, since according to her, the order was clear.
However, one of Bisram’s attorneys, Sanjeev Datadin, then indicated to the court that they have filed High Court proceedings to have the orders quashed.
He said that matter will be heard on April 15 and he asked the magistrate to stay her hand until that matter. Datadin then indicat-ed that if the magistrate needed an official order to stay the matter, she should adjourn to the shortest possible time so that the defence team can seek one.
The defence is arguing, that the DPP would have had to request the deposition from the court then formed an opinion before directing the magistrate to commit Bisram to stand trial. It is being alleged that the DPP emailed the magistrate with the order before the depositions were handed over from the court to the prosecutor.
The defence also argued last week that Bisram should have been arrested after the magistrate had reopened the PI and issued an arrest warrant.
The state prosecutor, Stacy Goodings, after Datadin presented yesterday, sought to remind the magistrate that the court had already complied with the directions from the DPP, since at the start of the proceedings the magistrate committed Bisram. “The honourable court cannot now, as counsel is insisting, apply a stay to proceedings”.
She noted that there was no order or judgment from any other court to compel the magistrate’s court to stay yesterday’s proceedings. She also noted, that while the defence has filed High Court proceedings, they cannot raise the same issues they plan to raise in the High Court at the Magistrate’s Court.
Goodings said, “Quite respectfully to counsel and the defendant this is the end of the matter before this honourable court.”
Magistrate Singh, then stressed, “The only direction this court has is what is from DPP” and that there was no other order stating that the court could not comply with the DPP order.
The magistrate noted, that without any other order or stay she would not disobey the DPP’s order, “therefore the accused is hereby committed for the offence he is charged.”
