US judge or­ders Mar­cus Bis­ram be ex­tra­dited

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US Judge Peggy Kuo has or­dered that Guyanese mur­der ac­cused Mar­cus Bis­ram be ex­tra­dited to Guyana to face the charge here, ef­fec­tively thwart­ing his de­fence team’s bid to stay her hands as they seek to have the mur­der charge dis­missed in the High Court here.

Jus­tice Kuo made the rul­ing yes­ter­day and com­mit­ted Bis­ram to the cus­tody of the United States Mar­shal pend­ing a fur­ther de­ci­sion on ex­tra­di­tion and sur­ren­der by the Sec­re­tary of State in keep­ing with US laws.

In the or­der, seen by this news­pa­per, the judge said af­ter re­view­ing the ev­i­dence pre­sented in the case, in par­tic­u­lar, the cer­ti­fied and au­then­ti­cated doc­u­ments sub­mit­ted by the Govern­ment of Guyana, she found that the court had ju­ris­dic­tion in the case and that the ex­tra­di­tion treaty between the US and Guyana (en­tered into between the United King­dom and the United States on De­cem­ber 22nd, 1931) was in full force and ef­fect.

She found that the in­di­vid­ual be­fore her is the same in­di­vid­ual charged with mur­der in Guyana and that the Govern­ment of Guyana sub­mit­ted doc­u­ments that were prop­erly au­then­ti­cated and cer­ti­fied.

“The ev­i­dence be­fore this Court is suf­fi­cient to jus­tify the Fugi­tive’s com­mit­tal for trial, on felony charges, had the of­fence which he is ac­cused of hav­ing com­mit­ted oc­curred in the United States…” the Judge said in the or­der, which was pro­posed by the pros­e­cu­tion last week.

On Tues­day, Bis­ram’s New York lawyer Mario F. Gal­lucci had sought to stall the rul­ing on his ex­tra­di­tion pro­ceed­ings on the ba­sis of his chal­lenge in the Guyana High Court against the charge.

The move was im­me­di­ately op­posed by the US Govern­ment.

In a let­ter to Jus­tice Kuo, Gal­lucci had said his client’s Guyanese lawyer, San­jeev Datadin had in­formed that a rul­ing on the dis­missal of the mur­der charge has been re­served un­til Oc­to­ber 30th.

“I still be­lieve that this rul­ing is sub­stan­tially crit­i­cal and es­sen­tial to the prob­a­ble cause el­e­ment of ex­tra­di­tion. I am ask­ing Your Hon­our to re­frain from is­su­ing an opin­ion un­til such time as the Guyanese court makes a fi­nal de­ci­sion,” the lawyer stated in the let­ter, seen by this news­pa­per.

Datadin ap­proached the High Court here to have the mur­der charge against Bis­ram quashed. He ar­gued be­fore Jus­tice Gino Per­saud that the charge is “with­out le­gal foun­da­tion, null, void, un­rea­son­able and un­fair.”

He had also sub­mit­ted that the only ev­i­dence which the state pur­ports to have against his client is a state­ment of its key wit­ness, Chaman Chu­ni­lall, al­leg­ing to have heard Bis­ram say­ing words to the ef­fect “kill him.”

Dur­ing the pre­lim­i­nary in­quiry (PI) into the charge against Bis­ram’s five coac­cused, be­fore Mag­is­trate Char­lyn Ar­tiga at the Spring­lands Mag­is­trate’s Court, how­ever, Chu­ni­lall, un­der cross-ex­am­i­na­tion, pur­port­edly re­canted his story by say­ing that he knows noth­ing about the in­ci­dent. As a re­sult, Datadin ar­gued that the re­can­ta­tion is suf­fi­cient to war­rant the Di­rec­tor of Pub­lic Pros­e­cu­tions (DPP) with­draw­ing the charge lev­elled against Bis­ram.

Bis­ram and five oth­ers have been charged with the killing of Num­ber 70 Vil­lage car­pen­ter Faiyaz Narine­datt. Bis­ram was nabbed in the US on July 16th. Bis­ram, lo­cal po­lice have al­leged, pro­cured and com­manded Or­lando Dickie, Radesh Motie, Dio­dath Datt, Harri Paul Parsram, and Ni­ran Ya­coob to mur­der Narine­datt between Oc­to­ber 31 and Novem­ber 1, 2016, at Num­ber 70 Vil­lage, Ber­bice.

Mar­cus Bis­ram

Mar­cus Bis­ram

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