Having completed hearing all the arguments in the Director of Public Prosecutions’ (DPP) appeal to the High Court ruling quashing her order that Marcus Bisram be tried for the murder of Faiyaz Narinedatt, the Guyana Court of Appeal is now set to rule.
At the conclusion of arguments yesterday morning, acting Chan-cellor, Justice Yonette Cummings-Edwards said that the court will now give itself time to consider the appeal and notices will be sent informing of the date it will render its ruling.
Presiding over the matter are the Chancellor and Justices of Appeal Dawn Gregory and Rishi Persaud.
Bisram who was extradited to Guyana from the United States a year ago was charged with the murder of Narinedatt and remanded to prison.
Following a preliminary inquiry (PI), however, he was discharged but rearrested mere hours after on the direction of the DPP.
The former murder accused subsequently filed a High Court action challenging the DPP’s directive. Justice Simone Morris-Ramlall would later rule in his favour quashing the committal order.
It is the argument of DPP Shalimar Ali-Hack that her directive for Bisram to be committed to stand trial was proper, reasonable and lawfully made in accordance with Section 72 of the Criminal Law (Procedure) Act.
Attorney-at-Law Arudranauth Gossai who represents Bisram (the Respondent) has argued, however, that section 72 is unconstitutional in view of Article 122 A (1).
The Respondent wants the appellate court to declare section 72 repealed by Act No. 6 of 2001 enacted as Article 122 A (1).
Article 122 A provides, “all Courts and all persons presiding over the courts shall exercise their functions independently of the control and direction of any other person or authority; and shall be free and independent from political, executive and any other form of direction and control.”
Against this background, Gossai argues that Ali-Hack’s order to the Magistrate in effect contravenes Article 122 as an attempt to usurp the judicial function of the court by the DPP who falls under the Executive arm of government.
