Close associates of Faiyaz Narinedatt, a father of two who was murdered at Number 70 Village, Upper Corentyne, filed a petition with the Court of Appeal in Georgetown yesterday to have Magistrate Alex Moore recuse himself from the Marcus Bisram case.
This case is currently ongoing in Berbice.
The petition was filed on the basis that the matter can engender grievous injustice to the current court matter.
The preamble of the legal document outlines that there was “excessive abuse of authority” by Magistrate Alex Moore during the court proceedings on December 2, 2019 at the Whim Magistrate Court.
Considering such, the petitioners are requesting that Moore recuses himself from the case “since we have lost all confidence and trust that he will act impartially”.
The petitioners detailed in the petition that on December 2, last, at the Whim Court the state Prosecutrix Stacy Gooding was not allowed to present her case as she should since Moore’s “demeanour (action and language) was openly prejudicial in favour of the defendant and the defendant’s Attorney”.
It further stated that during the proceedings “(Moore) and Mr. Datadin, in obscenely loud voices, continuously interrupted the Prosecutrix to disorient her argument. It was perceptibly evident that the Magistrate demonstrated no interest in having the matter methodically presented by the prosecutor”.
According to the document, Moore, “falling into fits of unjustifiable rage, often banged his fist on the table and became vociferously menacing towards the Prosecutor. The bias and flagrant transgressions of judiciary sanctity exhibited by Mr. Moore are manifestly conspicuous enough to leave one in doubt or to arouse suspicion whether the Magistrates honor and integrity must not have been compromised or influenced by lucrative factors which are incompatible with fairness and judicial probity”.
In addition, the petition mentioned that the police were ordered not to permit members of the deceased family to witness the hearing while “only those affiliated with the accused were allowed access into the courtroom.
They jeered, mocked and ridiculed the prosecutor as the magistrate overwhelmed her ability to make a cogent presentation.”
It was for those reasons that the petitioners have filed to have the magistrate recuse himself from the case.
Meanwhile, the relatives and close family of Narinedatt yesterday released a statement to several media houses expressing full support and confidence with the office of the DPP and assigned state Prosecutrix Stacy Gooding.
Their statement comes hot on the heels of remarks made by Minister of Public Security Khemraj Ramjattan, who said that it is “embarrassing” that the state was not fully ready to prosecute Bisram.
The statement by the family outlined that Goodings has been working diligently and displayed the code of professionalism in the courtroom “conducting herself with dignity, civility, courtesy and a sense of fair play to bring justice for Faiyaz and our family”.
The family added that it is important for members of the Ministry of Public Security to be knowledgeable “about these types of court matters and to work closely with DPP before releasing embarrassing statements to the press. It sends the wrong message to families like ours and to the public, implying that the Prosecutor Ms. Gooding and the DPP are not doing their job.”
They further expressed that such behaviour instills corruption in the judicial system and prevents families from receiving justice but “our Faiyaz case will not become another statistic of a judicial failure”.
The matter for Marcus Bisram commenced on November 21, last, a day after he arrived in Guyana by extradition. However, since the commencement of the case there have been several hiccups. The state had requested on November 21, last, that the matter proceed by way of a preliminary inquiry.
However, Magistrate Moore decided that it will take its course by paper committal and statements were to be handed over to him by Prosecutrix Stacy Gooding on December 9, but Magistrate Moore reported sick.
The matter was called at the New Amsterdam Magistrate’s Court the said day before Magistrate Peter Hugh. Gooding was a no-show after she was informed that Moore reported sick. Hugh transferred the case back to Springlands for December 16.
Marcus Brian Bisram was extradited to Guyana last month and is currently on remand at the Camp Street Prison after being charged at the Whim Magistrate’s Court.
Bisram was charged with counselling, procuring and commanding Harri Paul Parsram, Radesh Motie, Niran Yacoob, Diodath Datt and Orlando Dickie to murder Faiyaz Narinedatt between October 31, 2016 and November 1, 2016.
Bisram is being accused of ordering a hit on a Berbice carpenter, Faiyaz Narinedatt, a guest at a party, which he hosted back in late 2016.
Narinedatt was alleged to have been beaten by several men at the behest of Bisram. He was pushed into the trunk of a car, taken to the Berbice public road, dumped and run over to make it appear as if it were a hit-and-run.
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