1931 extradition treaty between US, Britain being used in Bisram case

Jul 07, 2017 News, http://www.kaieteurnewsonline....used-in-bisram-case/

US state attorneys are banking on a 1931 extradition treaty it had signed with Great Britain to successfully send back wealthy businessman, Marcus Bisram, to face a murder trial in Guyana.

According to court documents filed Wednesday by state attorney on behalf of the Department of Justice, the applicable provisions between the United States and Guyana are found in the Extradition Treaty between the United States of America and the United Kingdom of December 22, 1931.

Bisram was refused bail on Wednesday after he appeared before Judge Peggy Kuo in a Brooklyn court, New York.

The businessman, despite lawyering up, failed to persuade the court that he should be allowed his freedom pending the extradition hearing. This is because Bridget Rohde, Acting United States Attorney, made it clear that there is no guarantee the businessman would not flee. In custody now, he will return to court next Thursday.

Rohde, in her submissions for Bisram to be kept in custody, explained that the Government of Guyana requested formally for the US to extradite Bisram, a fugitive from Guyana, pursuant to the Extradition Treaty between the US and Great Britain..

It was disclosed that Bisram was arrested on July 4, 2017, based on a complaint and warrant issued by Judge James C. Francis IV, a New York judge since June 16, 2017, seeking his extradition to Guyana.

Rohde, in her arguments for refusal of bail, said that unlike in criminal cases, there is a strong presumption against bail in extradition proceedings. To justify bail, the fugitive must establish the existence of “special circumstances” warranting bail, and that he is not a flight risk nor a danger to the community.

“We respectfully submit that Bisram should be detained because he cannot meet the burden of showing that he poses no risk of flight or danger to the community and that special circumstances exist warranting his release.”

The US state lawyer said that as a general matter, international extradition is primarily an executive function. “The judiciary’s role is delineated by statute, and extends to determining whether to certify to the Secretary of State that the submitted evidence from the requesting country is “sufficient to sustain the charge.”

She made it clear that the Secretary of State, and not the courts, makes the final determination whether the fugitive should ultimately be surrendered to the requesting country.

“Accordingly, at an extradition hearing, the court considers the evidence presented on behalf of the requesting country—here, Guyana—and adjudges whether the legal requirements for certification of extraditability have been established.”

This entails determining whether the judicial officer is authorized to conduct the extradition proceeding; the court has jurisdiction over the fugitive; the applicable treaty is in full force and effect; the crimes for which surrender is requested are covered by the applicable treaty; and there is sufficient evidence to support a finding of probable cause as to each charge for which extradition is sought.

It was pointed out that the inability of the US to deliver a fugitive who jumped bail would cause them “serious embarrassment.”

Accordingly, “release on bail in extradition cases should be an unusual and extraordinary thing.”

With regards to Bisram fleeing Guyana after the murder last October, the court documents said that in doing so, Bisram has demonstrated that he is highly capable of moving to avoid prosecution.

“Moreover, based on information gathered by the United States Marshals about Bisram, it appears that he has the financial means to further flee from the United States to yet another country or to hide in this country were he to be released. Bisram also has a strong incentive to flee due to the seriousness of the offense with which he is charged in Guyana.”

The US attorney went further. “With respect to Bisram’s danger to the community, given the serious nature of the alleged crime, a brutal murder, the community both here in the United States and abroad would be at risk were he to be released. Allowance of bail in any amount would not guarantee Bisram’s presence in court and would invite the possibility of embarrassing the United States in the conduct of its foreign affairs.”

The case would be generating much interest in Guyana as it is not often that the US has extradited one of its citizens to Guyana to face charges. Guyana has done so in the past.

The arrest would come days after relatives complained to Kaieteur News that the authorities seemed not too keen to extradite Bisram from the US to face the courts.

On November 1, last year, the battered body of 26-year-old carpenter Faiyaz Narinedatt was found on the Number 70 Village, Corentyne foreshore. His death had been staged to look like a hit-and-run accident and two cops in Berbice were fingered in the cover-up.

According to the prosecutors’ case, the man was killed after an argument at a function attended by Bisram and friends, then taken elsewhere and dumped to make it appear as a hit-and-run.

Bisram had apparently made sexual advances on the carpenter but was rebuffed.

It was after ranks from the Guyana Police Force’s Major Crimes Unit took over the investigation that Harripaul Parsram, 49, Orlando Dickie, 39, Radesh Motie, 39, Diadath Datt, 18 and Niran Yacoob, 37, were charged for the murder.

Additionally, three individuals, including Bisram’s mother, were charged for allegedly offering a detective $4M to suppress evidence against Bisram.

On Wednesday, a tearful Pooja Pitam, wife of Narinedatt, was in court when Bisram was arraigned. She told CBS afterwards that she wanted justice and that her little daughter, one of two children with the dead man, was born after he was laid to rest.

Faiyaz Narinedatt, his wife Pooja and their son, in happier times.

Bisram is super rich and no one seems to know where he inherited that money from.

He "inherited" his money from his super rich elderly patients that he gave home services to.  The FBI will get to the bottom of all this.  The money supply to the AFC honchos and the PNC Pandits in NY will cut off now.

Every dog has its day. 

Like all de honest politicians dead out.

Or dem frens in jail,  Khan, Ed,  Bisram.

People might know you better, by the friends you keep.

Django posted:

Pooja Pitam added 7 new photos — with Lakshmee Singh and 19 others.

14 hrs ·

 

 https://www.facebook.com/pooja.pitam.3?fref=ts

 

Pandit Tilack Seeratan, Pandit Satish Prakash, Pandit Manoj and Pandit Rajin you all claim to be religious but you nothing more than money hungry greedy parasite. You don't have no shame trying to start petition and get letter to show that the criminal is good. If he was good my husband would still be alive and my 2 kids will not be fatherless. All of you are shameless people and only live for money. If was your blood you wouldn't start petition but I think you all scared that you will not get money anymore. My family tears will fall you all and one day you can tell god why you lie and help a murderer. Take off you fake face so people will how evil all of you is just like Marcus.

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Bibiski,who are the PNC pandits ??

Click here for more pictures.

Pictures tell a thousand words. Nobody believes the lies that Bhagdad Bib spreads here.

Didn't we recently read on this board the US can't extradite anyone to Guyana? Well if it is requested two fugitives will follow.

Bibi Haniffa posted:

He "inherited" his money from his super rich elderly patients that he gave home services to.  The FBI will get to the bottom of all this.  The money supply to the AFC honchos and the PNC Pandits in NY will cut off now.

Every dog has its day. 

That scholarship you received must have been from the PPP to continue your lying course.

Jagdeo and his corruption wins again. Can't believe this man got off.

Rochelle posted:

Jagdeo and his corruption wins again. Can't believe this man got off.

He is re-arrested just after freed.