High Court Judge denies request to have Bisram’s murder charge withdrawn

High Court Judge Gino Persaud on Tuesday ruled against the application to have the Director of Public Prosecutions (DPP) withdraw the case against high-profile murder accused Marcus Bisram, who is currently awaiting extradition from the United States.

One day after his absence angered Justice Persaud, Bisram’s lead Attorney, Sanjeev Datadin appeared at the High Court to defend his application to have the matter withdrawn before the Judge who was initially set to rule on Monday. However, despite the lawyer requesting to withdraw, Justice Persaud ruled against Datadin withdrawing at this late stage, citing that the court has the duty to stand against ‘dubious methods’ that could bring the justice system into disrepute.
On September 25, 2017, Datadin filed an application on behalf of Bisram’s mother, Sharmilla Inderjali, to quash the murder charge against Bisram on the grounds that one of main witnesses for the prosecution recanted his statement, a contention which the lawyer maintained outside of court on Tuesday.
The Judge however observed that the Attorney’s notice of discontinuation, which was filed on Friday, was an abuse of process. As such, Justice Persaud struck out the entire case, highlighting that there was “material non-disclosure” on Datadin’s behalf, since he did not include in the affidavit that he made an application in December last to stop the DPP from advising the Police in the Bisram murder probe.
Justice Persaud stated that an applicant is required to present all facts, even if they are against the said applicant, adding that the court must be approached “with clean hands” when seeking prerogative relief.
“The application of 2016 was not disclosed to this court and it was only through the court’s records that it was detected,” the Judge explained.
In his judgment, he further noted that there are clear legal provisions to discharge orders nisi when there is material non-disclosure, without going into the further merits of the case.
Justice Persaud struck out three orders nisi; one of which sought to prevent the three respondents – the DPP, the Chief Magistrate and the Commissioner of Police – from pursuing the murder probe against Bisram. As the orders nisi were discharged, Datadin was also ordered to pay the State by way of the three respondents, G$250,000 in court costs.
Marcus Bisram was charged in absentia last year for the murder of 27-year-old Number 70 Village, Corentyne, Berbice carpenter Fiyazz Narinedatt, who was killed after he rejected Bisram’s sexual advances. The five other men charged for the November 1, 2016 killing of Narinedatt are Radesh Motie, 39; Diadatt Datt, 18; Harri Paul Parsram, 49; Orlando Dickie; and Niran Yacoob, 37. Two of the accused men had reportedly confessed to investigators that they were ordered by the overseas-based Guyanese businessman to dump the carpenter’s body on the Number 70 Public Road to make his death seem the result of a hit-and-run accident.
Additionally, the businessman’s mother and sister were also charged and remanded to prison after they allegedly offered bribes to Police ranks to “duck the case”. The accused’s mother, Inderjali, was recently charged for witness tampering.
Since the commencement of the preliminary inquiry in Berbice, several persons have been accused of witness tampering and Nariendatt’s family stated outside of court on Tuesday that they are constantly living in fear that they could be shot and killed at any moment due to the influence Bisram has with money and power.