US Govt. objects to Bisram’s court request to delay extradition decision
Oct 12, 2017 , https://www.kaieteurnewsonline...xtradition-decision/
The US Department of Justice is objecting to the request of Marcus Bisram’s lawyers to delay an extradition decision until this month-end.
Bisram, 27, a flamboyant New York-based businessman who migrated from Guyana when he was a teenager, is facing the very real prospect of coming back to his birthplace to face a murder charge.
He was arrested on July 4 at a New York beach front property in the Rockaways and has been in custody ever since. He was arrested after the Guyana government made a request for the US Department of Justice to extradite him.
Several persons have been charged for the murder of Faiyaz Narinedatt, a Berbice carpenter, who was allegedly killed and his body dumped on the Corentyne public road to make it look like a hit-and-run.
Bisram, who was hosting a party at a relative, where police ranks and others were present, was alleged to have ordered the beating and dumping of the man’s body.
Bisram’s relatives, including his mother, have been arrested and charged for allegedly attempting to bribe police investigators.
This week, as New York Judge, Peggy Kuo, continued her considerations of the evidence presented to send Bisram back to Guyana, his lawyers requested that the court delay the decision. This was to allow a current High Court motion in Guyana to determine whether there is enough evidence for the murder case in the Magistrates’ Courts to continue.
However, the US Department of Justice is objecting to any delays of the decision by Judge Kuo.
Already, Judge Kuo has asked the US government lawyers to have the necessary extradition documents filed, signaling that Bisram is tipped to be sent back.
In its objections filed yesterday, the US government lawyers, made it clear that it is their understanding that murder case is proceeding and there is a motion to dismiss.
“Contrary to the fugitive’s suggestion, the existence of a pending motion to dismiss has no effect on the Court’s probable cause determination. The evidence before the Court consists of sworn eyewitness affidavits describing the fugitive’s commission of the crime.”
The US government contended that the New York court is not charged with determining whether the evidence was properly submitted.
“Although counsel for the fugitive has indicated to the Court that he believes that the credibility of these witnesses may be in doubt, he has offered no evidence whatsoever in support of that view, let alone any evidence tending to “obliterate” the Government of Guyana’s initial probable cause showing.”
Quoting a number of case laws, the lawyers said that the ongoing proceedings in Guyana do not affect the court’s probable cause determination.
“Indeed, courts have certified fugitives as extraditable, even when they are challenging the charges pending against them in the requesting country.”
The US Government said that for the reasons advanced, in prior submissions, and at the October 2, 2017 hearing, the Court should deny the fugitive’s request that it should delay ruling in this matter and should therefore certify the fugitive as extraditable.
The matter is attracting attention as it is not often that the US had sent back one of its citizens to face charges here.
In Guyana, the businessman is represented by attorney-at-law, Sanjeev Datadin.