The US government said that Roger Khan was the leader of a cocaine trafficking organization based in Georgetown in recent years and was one of the primary controllers of cocaine flowing out of Guyana.

And as Khan's lawyers strive to have him released on bail, one of his attorneys said that they are willing to post bail of US$3M secured by property as well as at least 10 guarantors to sign a bond. The defence has also agreed to pay for electronic monitoring and or the costs of a private security firm to monitor Khan's presence in a relative's home in Long Island if he was admitted to bail.

According to official court documents seen by this newspaper the defence said that they have offered a bail package to the US government consisting of more than US$2,000,000 in real estate posted by friends and family, adding that the amount was sufficient to ensure Khan's appearance for trial, but as a further incentive they are willing to post US$3,000,000.

The US government alleged that Khan was able to obtain large amounts of cocaine that were ultimately transported to New York as well as other destinations, such as Florida. Khan is currently before a New York Court charged with conspiracy to import cocaine into that country. The US government made these declarations in its response to Khan's attorneys who have applied for bail for the businessman and also for three US officials to be produced in court to give evidence as to how Khan was arrested and taken to the US.

According to the court documents, the US government said that Khan who is also referred to as 'Boss or Boss Man' by many, prior to committing the narcotics crime against the US in Guyana had lived in the United States and committed crimes in both Maryland and Vermont. According to the documents, the US government said that on January 6, 1992 Khan was convicted in Montgomery County, Maryland for breaking and entering and received an 18-month sentence and 36 months of probation.

While on probation the US said, Khan was arrested in Burlington, Vermont for receiving and possessing three firearms. While being a convicted felon, Khan was again indicted in the US District Court for Vermont and was released on bail in November 1993. He promised according to the court documents to obey all conditions of his release, including appearing at all court proceedings, restricting his travel to Vermont, Maryland and Washington and surrendering for service of any sentence imposed upon him.

Lived as a fugitive

According to the US government despite these promises Khan fled the US and returned to Guyana in 1994 in order to avoid prosecution. The government said that there is an outstanding warrant for his arrest in the US District Court for Vermont for violating the conditions of his pre-trial release and an outstanding warrant in Rockville, Maryland for violating the conditions of his probation. "Thus, the defendant has lived as a fugitive from the US justice system for the last 12 years up until he was taken into custody by the DEA," the US government has said.

The US government maintained that while it does not contest Khan's right to have a detention hearing if he wishes, they respectfully submit that bail is an impossibility.

The defence in their submissions said that the US government has been trying to direct the court's attention to the 1993 Vermont case and the Maryland prosecution to avoid the light shining on their current empty prosecution. The defence argued that the Maryland case was a prosecution based upon a claim that Khan, then 15 years of age, broke into his cousin's apartment. "Indeed, the factual premises of that case were a little more complicated by the fact that Khan was dating his female cousin, who was 25-year-old."

The Vermont prosecution on the other hand, the defence said involves the alleged sale of three firearms by a college student seeking to purchase marijuana in exchange. "These charges are not to be ignored, although certainly Khan appeared throughout the Maryland proceedings while on bond," the defence said.

It argued that during the Vermont prosecution Khan's father was in the final stages of his life, suffering from a deteriorating heart condition. The defence said Khan being the male head of his family returned to Guyana to deal with the issues flowing from his father's subsequent death.

Subpoenas

In response to a request by the defence for three US officials to be subpoenaed by the court to testify on the circumstances under which Khan was taken to the US, the US government said that it is not authorised to accept service of subpoenas on behalf of Special Agent Jason Molina or Michael Thomas, two of the three officials. Molina the US government says is an employee of the Department of Homeland Security (DHS) and only the DHS office of the General Counsel is authorised to receive and accept subpoenas directed to DHS employees.

Thomas on the other hand the prosecution said is the Deputy Chief of Mission of the US Embassy in Georgetown and he is an employee of the Department of State. Only the executive office of the Office of the Legal Adviser is authorised to receive and accept subpoenas directed to department of state employees. In relation to the other official, DEA Agent Gary Tuggle, the US government said that they might be able to accept service of a subpoena on his behalf. However, the relevant regulations are unclear on this matter and they are seeking further guidance on it.

The US government argued that in a letter submitted on October 30, the defence confirmed that they were not seeking the testimonies of the trio for any purpose that is relevant to bail - namely, whether Khan is a flight risk or a danger to the community. According to the US government in the letter, the defence is claiming that Khan is being prosecuted not because he imported large amounts of cocaine into the Eastern District of New York for years, but because he attended a meeting with the US officials in March 2006 where he 'blew the whistle' on the former Commissioner of Police Winston Felix and this somehow catapulted Khan into the crosshairs of the US for prosecution on the instant charges.

Further, in responding to the allegations that Khan was kidnapped and taken to the US, the US government said that this too is baseless. According to the US the circumstances of Khan's arrest are irrelevant to bail, noting that at best the story of kidnapping outlined in the defence's letter is the subject of a motion to dismiss for lack of jurisdiction which the government submits will be deficient as a matter of law.

Additionally, the US government argued that there is no circumstances under which bail can be granted in this case because the defendant has no legal status in the US, he is subject to a detainer by the Immigration and Customs Enforcement (ICE), he has been a fugitive from justice for 12 years and he has outstanding arrest warrants in Maryland and Vermont for violating probation and jumping bond, respectively.

Arguing that Khan is no flight risk, the defence in their arguments said that it was the US that undermined the safety of Khan in Guyana by disclosing a tape recording he provided to Tuggle and Thomas at a March 6 meeting in Georgetown to Felix, the former Commissioner of Police. The tapes were said to contain conversations of Felix and other persons. That conduct, the defence said, led to a manhunt by the police and military for Khan and made Guyana a dangerous place for the businessman. "Now Khan's only safe harbour, if released is in the United States since he is in far too much danger to return to Guyana," the defence asserted in their plea for bail.

On the US government's refusal to subpoena Thomas, Tuggle and Molina at a bail hearing, the defence said in a letter dated December 5, that the prosecution has failed to address the seminal issues to be decided in a bail hearing. According to the defence the intricate circumstances surrounding Khan's entry to the US are crucial to any bail determination as they bear directly on whether Khan constitutes a flight risk.

The defence noted that the prosecution asserted that bail is impossible and Khan is not entitled to bail because he has no legal status in the US.

The defence questioned why Khan has no legal status in the US, noting that he was taken without lawful authority or alternatively simply in violation of the due process of a foreign power by agents of the US. According to the defence Khan can easily be restored to a person of legal status with the wave of a wand by the State Department.

They said however, that taking the prosecution's contention at face value that if released Khan would have to be placed in the custody of the US Marshals it would necessarily ensure his appearance and safety.

"Certainly Tuggle and Thomas could explain that Khan would be in great danger if he returned to Guyana or Suriname because of his enemies in the police and military in those two countries." The defence pointed out that it is one thing for a defendant to claim such facts, but when established by the State department and DEA it becomes compelling evidence that Khan is not a flight risk or a danger to the community.

The judge in ruling on the arguments had said she saw no relevance in how Khan was transported to the US to the question of bail. The next hearing of the matter is set for early January.

Khan and his three bodyguards were arrested in a huge drug bust in Paramaribo on June 15 this year. They had fled Guyana after the joint services were on their trail following the disappearance of 30 AK-47 rifles from the Army headquarters, Camp Ayanganna, Thomas Lands. Khan was later released by Suriname and deported. While in Trinidad he was seized by US agents and flown to Miami.