Expert to testify on cocaine in Khan case
-US says in court documents
Stabroek News
November 2, 2006
The US government has disclosed that it will be calling an expert to testify about the cocaine seized in the case it has built against Roger Khan and exhibits taken from one of the businessman's properties here will also be tendered.
The expert will also testify regarding drug smuggling methods and practices and drug importation organizations.
According to court documents seen by this newspaper yesterday, the expert will come from the US Drug Enforcement Administration (DEA) and will testify regarding the weight and purity of the amount of narcotics seized in the case against the Guyanese businessman.
Khan is currently before a New York court charged with conspiracy to import cocaine into the US between January 2001 and March 2006.
The US government has already submitted some of the evidence but had asked for an additional 40 days at the last court hearing to gather more evidence. The US government has also offered a plea agreement to the Guyanese businessman.
If convicted Khan can face a maximum of life imprisonment, but through plea bargain arrangements his sentence could be reduced. According to the court document tendered as part of the discovery process and also requesting reciprocal discovery by the accused, the DEA expert will testify as to the monetary value of the drugs involved in the case against Khan, including the wholesale and the street value of such drugs.
The court document said that among the evidence to be presented are DEA laboratory reports connected to the case. The US government said that it was aware of and will comply with its obligation to produce exculpatory material of information as defined under Brady V. Maryland, 373 U.S. 83 (1963).
Additionally, the US government has submitted to the court copies of Khan's personal history reports, his prisoner intake form and has promised to provide to his lawyers a report of the investigation that includes, in summary and substance, additional statements made by Khan. Also in the pile of evidence is Khan's US criminal history report. The report however does not include any foreign arrests or convictions.
One compact disk containing copies of items seized from a property of Khan's in Guyana was submitted to the court.
The US government also promised to provide additional documents and tangible objects other than those already submitted as they become available.
Meanwhile, the US government has requested under rule 16 (b) of the Federal Rules of Criminal Procedure that the defendant allow inspection and copying of any books, papers, documents, photographs, tapes, tangible objects or copies or portions that are in the defendant's possession, custody or control and that the defendant intends to introduce as evidence or otherwise rely on at trial. Further, the US government is requesting any copies of results or reports of physical or mental examinations and of scientific tests or experiments, including fingerprint analyses made in connection with the case.
Additionally the US government has requested that the defendant disclose prior statements of witnesses who will be called by the defendant to testify. The US government said that in order to avoid unnecessary delays, it was requesting that copies of these statements be made available no later than the commencement of trial.
The Government also requested that the defendant disclose a written summary of testimony that he intends to use as evidence at the trial under Rules 702, 703 and 705 of the Federal Rules Evidence. The summary should describe, according to the US government's request, the opinions of the witnesses, the bases and reasons for those opinions and the qualification of the witnesses.
Pursuant to Federal Rules the US Government has also demanded a written notice of the defendant's intention, if any to claim a defence of actual or believed exercise of public authority and also demanded the names and addresses of the witnesses upon whom the defendant intends to rely on in establishing the defence identified in any such notice.
On October 18, US Judge, Dora Lizette Irizarry had granted 45 days to the state to prepare for the trial. During the hearing, Robert Simels one of Khan's lawyers indicated that he would be making a bail application for his client within ten days. It is unclear whether any bail application was made.
Khan will make another court appearance on December 6 at which time the US Government is expected to present more evidence to the court.
The defence on October 18 had asked the court to summon a US Drug Enforcement Administration (DEA) officer based in Trinidad, a Trinidadian immigration officer and an official of the US Embassy in Guyana to appear in court to be questioned. The judge however ruled that the defence should show just cause why the three persons should be brought to the court. It was expected that the defence would have responded to this at the same time they were making the bail application.
Khan was held with other Guyanese and Surinamese nationals during a huge drug bust in Suriname earlier this year. He was deported from the country on June 29 after Surinamese authorities withdrew all the charges they had against him.
He had fled from local police after a wanted bulletin was published for him.
He was arrested in Suriname on June 15 along with three of his bodyguards and was detained by US Drug Enforcement Administration (DEA) officials in Trinidad on an arrest warrant.
Khan made his first court appearance in New York on June 30 at which time he pleaded not guilty to the charge of conspiracy to import cocaine into the US.