Oral arguments commence in Appeal Court

The Director of Public Prosecution (DPP), Shalimar Ali –Hack, S.C, yesterday commenced her oral arguments in the Court of Appeal, contending that her order to have former murder accused, Marcus Bisram committed to stand trial for the murder of Faiyaz Narinedatt was lawfully made and that there were several errors in the judgment that allowed Bisram to walk free of the murder.
The DPP yesterday gave part of her arguments virtually before the Appeal Court and attorney-at-law, Arud Gossai who is representing Bisram. She is expected to give the rest of her arguments on January 13, 2021.

The hearing follows a decision by Justice Simone Morris- Ramlall, who ruled in June that Bisram was unlawfully committed to stand trial in the High Court for the capital offence of murder. Additionally, the Judge had granted orders quashing the decision of the Magistrate to commit Bisram to stand trial in the High Court for the offence of murder; prohibiting the DPP from proffering an indictment in the High Court charging Bisram with the offence of murder again.

However, the DPP is challenging Justice Morris-Ramlall’s decision on the grounds that there were errors in the judgment and maintained that her order to have Bisram committed to stand trial was lawfully made. In her argument yesterday the DPP told the court that there is sufficient evidence against Bisram for him to be committed, based on evidence that was given by the main witness. She also stated that while the Magistrate did not make out a prima facie against him or did not find sufficient evidence for Bisram to be committed, she believes that there is sufficient evidence and the case should be reopened and the jury should be allowed to decide on the credibility of the evidence. She also stated among other things that with a jury properly directed there can be a conviction for the murder of Narinedatt, who was killed between October 31, 2016 and November 1, 2016.

Before moving to the Court of Appeal, the DPP had file for an appeal before the Full Court challenging the Judge’s decision. Two days after making that appeal, she withdrew the case and indicated that she will move to the Court of Appeal. The Director was asking the Full Court to set aside/reverse the judge decision and highlighted among other things that that the judge erred in law in striking out parts of the state’s affidavit without giving it an opportunity to be heard. The DPP stated that her directions, were given under Section 72 of the Criminal Law (Procedure) Act and were lawful, proper and reasonable, adding that Bisram’s arrest was also lawful and proper; she asked the Full Court that he be committed to stand trial at the next sitting of the High Court’s Criminal Assizes.