US lawyer mobilising witnesses for Roger Khan defence
-admits his client made 'Felix' tapes
Stabroek News
April 26, 2007
Roger Khan's New York lawyer Robert Simels is in Georgetown mobilising defence witnesses to travel to the US to testify on behalf of the drug-indicted businessman who is expected to go on trial by mid-year.
And the US-based attorney yesterday admitted that Khan was behind the stunning telephone recordings released last year allegedly of conversations between retired police commissioner Winston Felix and other persons. He hinted that the alleged narcotics trafficker has other tapes involving Felix and senior government officials.
Khan is currently before a New York court on 18 drug trafficking charges and could face a maximum of life imprisonment if he is convicted.
The US Government has since provided the court with some of the evidence in the case, which include wiretap recordings and a ledger containing the names of a number of drug dealers who shipped drugs to New York. Davendra Persaud, the businessman who was gunned down at Palm Court Restaurant two years ago, is one of the names on that ledger as well as several other Guyanese busted in New York on drug trafficking.
Speaking to reporters at a press conference held at Le Meriden Pegasus Hotel, Simels said that among other things his visit to Guyana is to clear up some misconceptions and misinformation being fed to the public with regard to Khan's case in New York.
The attorney said the defence was extremely confident that Khan would be acquitted, noting that the discoveries so far submitted in court in no way linked Khan to drug trafficking, nor have the testimonies of persons who are before US courts charged with drug dealings connected Khan to the charges. "We maintain that the case is politically motivated and we have been saying this since the indictment was unsealed last year," Simels, who was surrounded by several of Khan's bodyguards, including Sean Belfield, Gerald Perreira and Paul Rodrigues, told the media.
Simels is in Guyana for the second time in months to tie up arrangements for potential defence witnesses to travel to the US. However, he admitted that while he had been able to identify some persons many of them are afraid to come forward and give statements. Simels said he was also looking into uplifting depositions from Guyanese, wanting to testify on behalf of Khan, but who may not be granted a US visa or may be afraid to travel to New York. He said those persons' testimonies would be videotaped and submitted in court at the time of the trial.
Khan was on the run from local law enforcers following the theft of 30 AK-47 rifles from the army when he was arrested during a huge drug bust in neighbouring Suriname. He had said in one of his many public statements that he helped free US diplomat Steve Lesniak who had been kidnapped by gunmen on the East Coast Demerara in 2002. Simels told the press yesterday that Lesniak could be a useful witness on Khan's behalf and the defence had tried to make contact with him on two occasions, but was unsuccessful.
"We believe that Mr Lesniak has a duty to come forward and help Khan," the lawyer said. He added that if Lesniak is never contacted then they would have him subpoenaed.
Simels and his team had asked the court to subpoena Deputy Chief of Mission of the US Embassy in Georgetown Michael Thomas as well as DEA agent Gary Tuggle out of Trinidad and Tobago, but the court ruled against this.
Simels said yesterday that he would still want Thomas and Tuggle to appear in court to be cross-examined. Khan had also said in one of his public statements that on March 6 last year he met with a number of American officials including Thomas and Tuggle at the Ocean View International Hotel, Liliendaal ECD. Prior to the meeting he had spoken to another US official to arrange the logistics for the meeting, noting that the purpose of the meeting was to address ongoing crime and security concerns. At that meeting Khan admitted to having released a number of tape-recorded conversations between various individuals allegedly connected to the PNCR, Felix and the Guyana Defence Force.
Arguing that it was after the meeting with the US officials that the US decided to unseal an indictment against Khan, Simels told the media yesterday that the move was prompted by the revelations on the tape of what the retired police commissioner was alleged to have been involved in. He said it was not normal for an indictment to be unsealed before the accused is arrested, but argued that the US did this to fulfil a political purpose.
Questioned about the quality of the discoveries submitted so far by the US Government, Simels said that there was no fingerprint evidence or any voice analysis of the recordings. He said the recordings he has listened to do not in any way make reference to Khan or link him to drug trafficking.
Simels mentioned the names of several Guyanese who are currently before US courts on drug trafficking charges.
He said that many of these persons are listed as witnesses, but even in their statements they have not impugned Khan. The lawyer however said that the US may still have people who will appear in court and accuse Khan and for this the defence team was prepared.
Meanwhile with regard to the tapes released to the public in March, one, alleged to have been a conversation between Felix and Basil Williams of the PNCR dealt with several issues including a detailed discussion of last year's massacre at Agricola where eight people were gunned down and the response time of the police to the crime scene. It also addressed the private sector's view on the response time and a call from a minister on the shootings after they started.
The conversation also mentioned in passing the Ronald Waddell killing, the Shaka Blair shooting in Buxton, general elections and what would have happened if the deadline could not be met and the alleged staged kidnapping of Sean Belfield's daughter last year.
The conversation opened with a discussion of the settlement of a libel matter and continued onto a meeting to be held with someone described as number one. Simels, for the first time yesterday, admitted that Khan was the producer of the tapes with recordings purported to be between Felix and other persons. Asked how the alleged drug trafficker made the tapes, Simels said this would be brought out during the trial.
And when further questioned about whether it wasn't illegal for Khan to do so under the laws of Guyana, Simels said that thatwould be deal with when the time arises.