`It was win at all costs!’
Robert Simels and his assistant Arianne Irving knew that Roger Khan was involved in narcotics, prosecutor Morris Fodeman told a Brooklyn, New York courtroom yesterday and he charged that Simels dispatched star witness Selwyn Vaughn like a loaded weapon to threaten witnesses.
In his presentation before Judge John Gleeson, rebutting Monday’s submissions by defence counsel Gerald Shargel, Fodeman highlighted to the jury the transcript in which Vaughn, a paid informant for the US authorities, admits that his cousin worked for Khan. According to a Capitol News report, Vaughn’s cousin was in Suriname and did not follow Khan’s instructions and ended up in a drive-by after a drug deal that went bad, and then in jail. He questioned how Simels and Irving did not know that Khan was into drugs when Vaughn admits this on tape. He also questioned why Simels told Vaughn, who repeatedly called Khan ‘The Boss’, to not describe him that way. “When you are caught on tape,” Fodeman said, “you can’t deny what you said, you have to deny what was meant.” He maintained that it was not just legalese or “lawyer-speak” but rather it was an intent to obstruct justice and tamper with and bribe the witnesses.
He said that while the defendants would want the jury to believe that they were victims of a manipulative client and blame everyone but themselves, it was more a case of win at all cost. Lawyers, he said, cannot ignore their oaths and commit crimes and if they do they must be held accountable. And while Shargel had argued that it was Vaughn who was trying to reach out to Simels, Fodeman dismissed this position and pointed out that the emails showed Simels was interested by sending Vaughn “contact me” emails.
The prosecutor also mentioned the ‘Dancing Man’ letter written by Khan to “My Brother Paul” that directed Paul to have ‘Dancing Man’ contact the family of one of the prospective witnesses and others in Guyana which he described as an attempt to tamper with witnesses.
‘Red herring’
Fodeman argued that Irving cannot get away with the “I was not involved I was away in Europe Defence” as she was passing messages between Simels and Khan at the Metropolitan Correctional Centre where Khan is housed.
Touching on the contentious eavesdropping equipment, the prosecutor said that it cannot be “the government made me do it defence” as the equipment was in Simels’ possession for nearly two months before the prosecution requested to examine the source of recordings he had furnished them. Whether the equipment worked or not was a ‘red herring,’ the prosecutor declared, as he waved his Blackberry mobile phone in front of the jury and stated, “If I take out the battery it is designed to be a Blackberry. It is design, not operability and this equipment was designed to eavesdrop as Peter Myers [the Smith Myers official who testified in court about the equipment] testified.”
Fodeman said the case is not about photographs of drug dealers or about paying an informant for parking, or about visas, or how much money an informant got. He argued that it is about what you are not supposed to do, whether you are a lawyer or a regular civilian. The prosecutor said one is not supposed to pay witnesses or try to get them to say what is not true on the stand and it is not good enough to play by the rules 99% of the time. “It does not mean you must throw away the rules even if you think that your client is innocent! You can’t put a gun to someone’s head to get them to say what you want to say,” Fodeman said. Vaughn, he added, was sent out by Simels like a loaded weapon to threaten people to get off the Khan case and while they did a lot of things right, the case is about what they did wrong.
The issue of whether Simels believed Vaughn was really going to be used as a witness was also addressed as Fodeman questioned if Vaughn was being treated as an investigator why was the US$1000 in 20 dollar notes not in the detailed billing records that Simels produced in court. Simels’ attorney had shown the court in evidence details of expenditure on Khan’s case amounting to over $1.2 million dollars. Some of that money was spent on licensed private investigators but none was listed as being spent on Vaughn. Fodeman asked the jury to consider if Simels was not calling Vaughn to be a witness why discuss being a witness with Vaughn over ten times on the tapes.
Fodeman also dealt with the contention that a prospective witness was being sought to catch her in a Simels sting operation. “If it were a sting operation why was Selwyn Vaughn left in the dark? Why would a witness fee be paid? Why play hardball with the money if were all just a set up for a bribe? And why was law enforcement not called to participate in the operation or even an investigator? Why Simels did not cover himself?” he asked the jury. He answered that it was because no evidence exists that it was a sting.
‘Caution’
In his charge to the jury, seen by this newspaper, Judge Glesson told them that in determining the issues of fact presented in the case, it is their duty as jurors to consider all the evidence before them with complete impartiality and to render their verdict without bias, prejudice, or sympathy as to either the defendants or the government.
The judge, in his 26 page charge, also addressed the issue of Vaughn being a paid informant.
“You have heard the testimony of Selwyn Vaughn, a paid informant who was employed by the government to investigate the defendants. The government is permitted to use and to compensate paid informants during its investigations and prosecutions. However, because such informants have a financial incentive to curry favour with the government, their testimony should be scrutinized with care and viewed with caution when you decide how much of it to believe. You should ask yourself whether the informant would benefit more by lying, or by telling the truth. If you believe that the witness was motivated by hopes of personal gain, was the motivation one which would cause him to lie, or was it one which would cause him to tell the truth? Did his motivation colour is testimony?”
However, the judge told the jury on the other hand that their personal feelings about the government’s use of confidential information are irrelevant, and that they should not enter into their deliberations in any way. He said if they are satisfied beyond a reasonable doubt that the defendants committed the offences charged in the indictment, the government’s use of an informant is irrelevant to their determination. The jury began deliberating yesterday and will continue today.
Simels and Irving are facing several witness tampering charges. Simels is also charged with alleged exporting from Guyana to the US the cellular intercept equipment allegedly used by Khan for surveillance here. The trial has seen Vaughn, confessed member of the ‘Phantom gang’-which the prosecution said was a band of killers headed by Khan-testify among other things that Khan had met with Minister of Health Dr Leslie Ramsammy on two occasions and that he himself had met the minister following Khan’s incarceration in the US. Vaughn, who has been paid by the prosecution, had also said that Khan ordered the killing of activist Ronald Waddell. The court was also told that the Guyana Government purchased the intercept equipment from UK-based from Smith Myers, through an outlet in the US. One of the company’s executive, Peter Myers, testified to this effect. Both the government and Dr Ramsammy have vehemently denied these claims.
After the guilty verdict I wonder if the presidential secretariat namely Dr. Luncheon will announce an investigation in Guyana, or are we going to hear that there is not enough evidence to start? It is because you want to find out if there is evidence that’s why you investigate Dr. Luncheon.
gdf why you keep asking the impossible it will never happen
and i wish we guyanese in the diaspora would stop asking
the present administration to investigate themselves period..
This government will go into denial as they regularly do when presented with evidence that show them in a bad light. It’s sad but the only conclusion to be drawn about this government and many of its supporters is that the ends justify the means. Burnham used to think likewise also and was and is seen as some sort of an oracle.
EX GDF, the good Dr. Luncheon will never call for an investigation. In the unlikely event that one such investigation is conducted, it would be seriuosly FLAWED – they will determine who/what to investigate: the government will control the proceedings. Nothing will happen!!!!
Empty Head how did you arrive at this???
lots of skeletons will fall out that closet ex gdf,the ppp govt cannot afford an embarrassment of that magnitude.
GUYANA IS GUYANA ALREADY U CANT STOP WE TO TAKE BRIBE & PUT THINGS ON SIDE ONCE WE HAVE THE POWER TO DO SO.
Even if Simels is found Not Guilty, the questions should still continue to swirl around the Govt of Guyana’s culpapility.
You just can’t keep the horses in after the barndoor has been opened. Details of the entire case, coubled with what Khan confessed to should be enough grounds for the comibined opposition to move on. It’s time this govt is held accountable for possible Crimes Against Humanity.
Such a waste of space but only further confirming among knowledegable Guyanese people that Khan is a hero…Ahhhhhh,( stretching) I had a good night’s sleep after a good supper and enjoying myself in Barbados knowing Guyana continues to be in good hands and the people benefitting from effective and representative governence for all the people…
So your hero is a confessed drug trafficker. That says a lot about you.
Reddy ! I would wager that the DEA will vigorously pursue all the leads in this case. They will be ably assisted by Mr.Khan after his sentence. He has another card to play and, the early sentence that he has requested is a point in that direction. The intelligence of the Embassy will be of great importance and everyone will be surprised. I think the biggest winner in this saga will be Mr. Khan who will go into the witness protection program in the US.
Reddy, are you for real, or are you smoking a pipe.
Witness protection programme George??? With no credibility, you have to pay witness to testify??? Simmels and RK was not caught bribing witnesses,,it was mere words with no intentions,,,the US government did though…So the DEA will vogarously start with Vaughn for everything he was involved in, but then again he get immunity so case closed…
Please speak for yourself, Roger Khan is your hero not mine. I am beginning to question your sanity.
send these two individuals to prison 5 yrs for simels 3 yrs for
irving and let this be a lesson to other lawyers…
this speak for it’s self, financial and visa for evidence,
“WHAT YOU CALL THIS” for me it is a bribe.
“You have heard the testimony of Selwyn Vaughn, a paid informant who was employed by the government to investigate the defendants. The government is permitted to use and to compensate paid informants during its investigations and prosecutions. However, because such informants have a financial incentive to curry favour with the government, their testimony should be scrutinized with care and viewed with caution when you decide how much of it to believe. You should ask yourself whether the informant would benefit more by lying, or by telling the truth. If you believe that the witness was motivated by hopes of personal gain, was the motivation one which would cause him to lie, or was it one which would cause him to tell the truth? Did his motivation colour is testimony?”
That’s not new, all govt pays to get info, didn’t jag offered 25million for info leading to the arrest of individual who set fire to the health ministry, nothing is free.
the meer fact that he was roger khan’s henchman is enough to nail them both freespeech,(from the horse’s mouth)and the us authorities uses this tactic all the time to put the bad guys behind bars.
It is funny how you find issue with the visa for testimony transaction but you do not see any issues with the free run of the country and its resources for killing transaction?
What is even more ludicrous speechless is that you find this an issue but you do not see any problems with the lotto funds disappearing or the 34 Million US dinero disappearing?
Man you are such a hypocrite it is not funny.
to all of you who said u can’t lie in ple deal and under oath read what the judge said. He has incentives to lie.
The US Government have a reward of 100 million for Ben Laden.
The Guyana Government paid 50 million reward for the
late FINEMAN, months later 25 million for information
about who bun-down the health ministry Freespeech.
I hope this trial is over soon, and a verdict is reached, and the right thing is done and we all get justice.
RK WILL ALWAYS BE A HERO TO ALL GUYANESE
WE NEED ROGER TO BE FREE SO HE CAN GET THE CRIMINALS OFF THE STREET
Lambada, Roger is a hero to some Guyanese. To the President he is a criminal who should face the consequences of his actions. So, is Jagdeo a hero or a zero to you?
And if you think Guyana needs Roger to help get criminals off the street, then I think we need Scotland Yard and the FBI to help clean up our government.
lambada, your here is a confessed Drug trafficer and alleged murderer and gun runner.
Moderator, I made a post between 5:00 and 5:30 pm to Amen-ra’ on August 12, 2009 at 7:33 am, in which he wrote: “I hope this trial is over soon, and a verdict is reached, and the right thing is done and we all get justice,” and you deleted it? Why?
In my post, I said I hope we will one day get justice in Guyana’s courts, which does not seem available in Guyana right now. I then posted an extract from the Brooklyn Daily Eagle newspaper in which the reporter wrote under the caption, “Lawyer’s life in Jury’s Hands,” (August 12), “In another discussion about locating relatives of a witness, Simels was recorded telling the cooperator that Khan had instructed, “Don’t kill the mother.” Khan “thinks that if the mother gets killed that … the government will go crazy, and he’s probably right.”
Now, what is so wrong with using your blog space to comment on another reporter’s work? All I was trying to do was make the point that if I were a juror in this case, in which Khan has been painted as responsible for over 200 deaths, including ordering hits on people, that any talk by Khan’s lawyer about not killing a witness’ mother given that the lawyer would also use words like eliminating or neutralizing witnesses could lead me to believe he meant killing witnesses. This do-not-kill-his-mother angle alone could bring Simels down!
I can only hope it was a simple mistake that caused my post to be deleted or else you are engaging in unnecessary censoring. My post citing a New York reporter could actually help bolster your own reporter’s credibility about what he has picked up so far at the trial
“You have heard the testimony of Selwyn Vaughn, a paid informant who was employed by the government to investigate the defendants. The government is permitted to use and to compensate paid informants during its investigations and prosecutions. However, because such informants have a financial incentive to curry favour with the government, their testimony should be scrutinized with care and viewed with caution when you decide how much of it to believe. You should ask yourself whether the informant would benefit more by lying, or by telling the truth. If you believe that the witness was motivated by hopes of personal gain, was the motivation one which would cause him to lie, or was it one which would cause him to tell the truth? Did his motivation colour is testimony?”
I agree with the Judge in this address to the jury,,,This is what I was saying all along, paid informant, will benifit from lies and not the truth…VERDICT—I predict majority for Simmels…
Soldier what nonesence r u talkin, tell me why would Vaughn lie when the conversation between him & Simels was bein recorded, can u tell me, all of u need to take ur heads out of the sand PPP blind mice.
Tyronemiller,,,This is not what Soldier said ,,,this is what the judge said,,,
Soldier I will send you some labba and creek water if Simmels win this one. You need it so that you could return to Guyana and face the reality of what’s going on in our so called beautiful land.
Simels need Jagdeo to teach him how to deny, use economic jargon and other nonsense to deflect the questions man.
Come one Simels it like we might have to fly barate up dere to elp you outs.
This blog by Sammy-roo doesn’t make any sense whatsoever. Simels did an excellent job in defending himself and protecting his name. Even the bias reporter had to admit how admirably he did so. What was the value of this blog? None!!!
Dont worry about the value of my blog dudette, you worry about the value of your tax dollars being spend on a drug trafficker who was law enforcement officer in charge for GY.
Dat is what you have to assess value of. As usual dudette you have you like all other poo poo pooers are fixated on all the things that matter the least. You are like william tell wid cack eye.
MY FRIENDS, DO NOT GET YOUR HOPES UP TOO HIGH,NOTHING WILL COME OF THIS.THE GUYANA GOVT. HAS NO RESPECT FOR THE CONSTITUTION OR LAW AND THEY DO WHATEVER THEY WANT.
….damn right yuh tellin de “trute” !juss tink abt hoo teach dem !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Guyanese really wants to know who are behind the Buxton criminals .Whose political interest were/are serving.Why they keep terrorising people…We need some answer…..post election voilence….robbing…Why up to date the police cannot get rid of the many thieves in the streets of georgetown?why people cannot sleep properly in their homes?What is the policy scare them so they are not going to support a party of their likeness…This is reason why cannot move forward.Please Guyana needs to go back under the throne for prosperity.we lack leadership materials in guyana.
Vaughn’s testimony is becoming an even bigger Nancy by the minute…I guess the free visas for his family and cash got him the job .