As the Preliminary Inquiry (PI) into the murder of Fayaz Narinedatt continued at the Whim Magistrate’s Court on Thursday, the Prosecution closed its case after it failed to present its final witness.
The Magistrate is expected to now rule whether sufficient evidence was presented to the court to warrant the accused, Marcus Bisram, facing a Judge and jury for the murder of the carpenter.
In the courtroom on Thursday, State Prosecutor Stacy Goodings disclosed that the Police could not have contacted the final State witness, Chris Mullers. As such, she requested the court use the statement that Mullers had initially tendered.
However, in closing submissions for the defence, Attorney Glenn Hanoman argued that after three and a half years, the Prosecution based its case on “something” Chaman Chunilall, a witness, may have heard.
According to Hanuman, Chunilall, in a statement, claimed that he was unaware of anything that was reported by the Prosecution.
In fact, the defence has asked the court whether the statement given by Chunilall is being relied upon by the Prosecution.
The defence Attorney in his closing submissions argued that the Prosecution was tasked with the responsibility of proving whether the Caution Statement from Chunilall was voluntary.
In addition, Hanuman stated that the Prosecution did not have enough evidence to prove that his client was involved in the heinous crime except the post-mortem certificate.
The Prosecution, he stated, has presented a theory that Narinedatt was beaten by five persons after which he was left to die on a roadway to make it appear as though he was killed in a hit-and-run accident.
Nevertheless, he explained that the post-mortem certificate stated that Narinedatt died at the Skeldon Hospital; he noted that the wounds on the deceased man were consisted with a vehicular accident.
In response, Prosecutor Goodings said the post-mortem report did not say that he died from the marks of a tyre but rather there was evidence that the wounds were inflicted by persons.
Further, she noted that the evidence also indicated that the carpenter was pronounced dead on arrival at the Skeldon Hospital while trying to convince the court that there was evidence that the deceased man was allegedly bitten and taken to the area where he was found dead.
Magistrate Renita Singh is set to rule on March 30 on whether or not a prima facie case has been made out against Bisram to stand trial in the High Court.
