DPP withdraws appeal to Full Court on Marcus Bisram ruling
-to pursue case in Appeal Court
Two days after filing an appeal before the Full Court challenging what she called errors in a judgment granting former murder accused Marcus Bisram his freedom, Director of Public Prosecutions (DPP) Shalimar Ali-Hack yesterday withdrew the case from that court.
Maintaining that her order directing Bisram be committed to stand trial was lawfully made, the DPP had filed the appeal citing a number of errors which she said Justice Simone Morris-Ramlall made in arriving at her ruling.
When the matter was called for hearing before the Full Court yesterday, however, it was indicated that the state was no longer proceeding in that court.
Bisram’s attorney, Sanjeev Datadin, told this newspaper that when the matter was called, the court was informed that a notice of application to withdraw and discontinue had been filed.
When contacted, a state attorney explained to Stabroek News that although the case was withdrawn from the Full Court, it has been reinstituted in the Court of Appeal where it is now a pending matter.
The DPP was asking the Full Court to set aside/reverse Justice Morris-Ramlall’s decision, while arguing, among other things, that she erred in law in striking out parts of the state’s affidavit without
giving it an opportunity to be heard.
Bisram was released from prison last week Tuesday after Justice MorrisRamlall ruled the day before that he was unlawfully committed to stand trial. She also granted him an order prohibiting the DPP from bringing an indictment in the High Court charging him with the capital offence. The judge had found the directive given by the DPP that Bisram be committed to stand trial for the murder of Faiyaz Narinedatt to be unlawful and ordered his immediate release from custody.
Declaring Bisram’s arrest unlawful,
Justice Morris-Ramlall nullified the DPP’s direction to Magistrate Renita Singh to re-open the preliminary inquiry (PI) into the charge against him, saying that it was unreasonable and ignored relevant considerations.
It is the DPP’s contention, however, that her directions, given under Section 72 of the Criminal Law (Procedure) Act were lawful, proper and reasonable. In fact, she argues that Bisram’s arrest, too, was lawful and proper, and was asking the Full Court that he be committed to stand trial at the next sitting of the High Court’s criminal assizes.
Another two cases of the Novel Coronavirus Disease (COVID-19) were recorded yesterday bringing the total number of positive cases to 158.
The two new cases were recorded as 44 more tests were done during the last testing cycle. As a result, the number of persons tested in Guyana overall for the virus is 1,920. Fifty-two persons are in institutional isolation which accounts for the number of active cases in the country while 22 persons are in institutional quarantine.
One person remains in the COVID-19 Intensive Care Unit (ICU) while the number of deaths as a result of the virus remains at 12.
During the Ministry of Public Health’s live COVID-19 update, Chief Medical Officer, Dr. Shamdeo Persaud addressed the issue of students who are now expected to attend school on Monday in preparation for the National Grade Six Assessment. Dr. Persaud urged parents to talk to their children about the Coronavirus and the health guidelines that must be followed while they are at school. The Chief Medical Officer implored parents to teach their children the right way to use their masks.
He went on to tell the parents that they can ensure that their children have an extra mask as a precaution and to further educate children on hand washing and to even speak to them on the issue of physical and social distancing.
“Let them understand that things are going to be different at school because of the virus. You have to give them the mental support because you know how challenging preparing for the grade six assessment can be”, he said.