Appeal Court to rule on Marcus Bisram bid to stay extradition

against him has been disavowed and he has no other relief than approaching the Appeal Court. He noted that the Constitution endows the DPP as the Alpha and Omega (beginning and the end) of all criminal cases. “Is it settled that her powers are unfettered?” Justice Bulkan asked in relation to the DPP.

The defence lawyer then said that Bisram’s case is akin to one where the witness cannot be found or has died before the matter comes up and in those cases the DPP would discontinue the matter.

In response to the defence’s argument, SolicitorGeneral Kim Kyte-Thomas, who appeared along with State Prosecutor Stacey Goodings, said that defence’s interpretation of the apparent disavowal of the witness’ testimony is just that and not a statement of fact. She pointed out that there is a statement that was tendered in court and the witness did not doubt its content. According to the Solicitor-General, the witness’ statement never dealt with him actually seeing Bisram committing an act but rather it was about what he heard.

The issue, she said, is a question of fact and the correct place for this to be determined is in the Magistrate’s Court, where the issues will be ventilated. She also pointed out that the PI has not started and it is unclear as to what will obtain and therefore the court cannot be asked to speculate and look into the future as to what the witness will say. The matter of urgency does not come into play, she said, as there are many persons who are sitting, waiting for their matters to be heard. And she pointed out that Bisram is not in Guyana and is fighting his return and while that is his right, he cannot want his matter to be heard urgently.

Bisram, a US-based Guyanese, is accused of procuring and commanding Orlando Dickie, Radesh Motie, Diodath Datt, Harri Paul Parsram, and Niran Yacoob to murder Narinedatt between October 31st and November 1st, 2016, at Number 70 Village, Berbice.

He is currently fighting his pending extradition to Guyana and he has filed habeas corpus proceedings in which he is once again challenging the existing treaty between Guyana and the United States as well as the evidence implicating him in the murder.

That matter is ongoing.