Magistrate Alex Moore has recused himself from the Marcus Bisram murder trial. Moore. while presiding at the Springlands Magistrate Court on Monday morning said he was instructed by the Chancellor of the Judiciary (ag) Yonette Cummings-Edwards to recuse himself.
When the case was called, special prosecutor Stacy Giddens told the court that the Director of Public Prosecutions (DPP) had written to the Magistrate to have him recused.
Magistrate Moore said a copy of the request by the DPP was forwarded by the Chancellor to him and he was asked to respond, which he has since done but he is also in receipt of a copy of a petition which expressed similar sentiments of his continued involvement in the Marcus Bisram murder trial. Moore said as a result of that it was directed by the Chancellor for him to recuse himself from the matter – which he did on Monday.
Head of the defence team, Attorney-at-Law Sanjeev Datadin revealed to the court that the DPP did not inform the defence that there was a request to have the Magistrate recused.
Meanwhile, the Magistrate pointed out that the prosecution has refused to act in accordance with the directives of the court to make a disclosure until the Chancellor’s decision has been made.
Datadin called on the prosecutor to make a disclosure of the statements they have in their possession.
He requested that the order of disclosure be complied with while noting that it will have to be done at some stage.
Bisram is accused of ordering the death of 26-year-old carpenter, Faiyaz Narinedatt, some three years ago.
Bisram was initially charged in absentia, while five others: Orlando Dickie, Radesh Motie, Diodath Datt, Harri Paul Parsram, and Niran Yacoob have also been committed to stand trial for the murder of Faiyaz Narinedatt.
At Monday’s hearing, Datadin noted that several Magistrates were removed from the case during the trial of the five accused.
“All my client wants is a Magistrate that will hear his matter. We have adjourned this matter because the other Magistrate who works in this district is not available. How could that be reasonable? How can that be fair? We will now have this matter adjourned for a long time for another Magistrate who is currently on leave comfortably in their home while Mr Bisram has to wait.”
He told reporters that the defence was never informed about the complaint against the Magistrate.
The matter has now been transferred to the Georgetown Magistrates’ Courts, before Chief Magistrate Ann McLennan, to be reassigned. That hearing will be held on January 13, 2020.
Meanwhile, Datadin pointed out to the media the fact that the Caribbean Court of Justice (CCJ) made a ruling on the matter saying that the prosecution is to be ready expeditiously. He questioned the actions of the prosecution in relation to the ruling by the CCJ.
