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– on drug trafficking charges

More than three years after he was slapped with drug trafficking charges in the US, retired army major David Clarke, who was expected to be one of the main witnesses in the Roger Khan trial, will be sentenced next month, according to court documents.

While the US authorities are still not revealing much about Clarke’s case, a brief letter written by his lawyer Gary Schoer to Judge Raymond J Dearie on November 2 and seen by this newspaper, asked for the sentencing to be postponed to December 4 at 11.30 am.

The judge granted the order and has given the lawyer up to November 23 to make his sentencing submissions, while the prosecution will have up to November 30 to respond.

According to the first charge, between October 2003 and April 5, 2005, Clarke, his brother Hubert Clarke called ‘Dun Dun’ and Hubert’s girlfriend, Shelly Mcqune, together with others, did knowingly and intentionally, conspire to import more than five kilogrammes of cocaine into the US. On the second charge, between the same dates, they also conspired to distribute the cocaine in the US.

There is no further information on the case and it is not clear if Clarke and the others, who would also be sentenced on the same date, pleaded guilty or were tried.

Clarke’s case is of great interest on the local shores because not only was he a major in the army, but he has been publicly accused by President Bharrat Jagdeo of being in cohort with the Buxton criminals while he was stationed there as head of an operation set up to stem the criminal upsurge in that village several years ago.

This accusation also came from convicted drug trafficker Roger Khan, who had indicated that Clarke was expected to be used as a star witness by the US authorities had he gone to trial. During the trial of Robert Simels and Arianne Irving, Khan’s former lawyers, on witness tampering charges recently, Clarke had been named as a target to be intimidated and/or neutralised.

Following publication in this newspaper about Clarke being in a US jail on drug trafficking charges, Jagdeo revealed that he had received “confidential information” from Buxtonians that the Guyana Defence Force (GDF) officer was working with criminals. At the time Jagdeo, who said he was “vindicated” in blocking Clarke’s promotion for a year and ordering that he return home from an overseas training stint he had been halfway through, said he could not order a court-martial as Commander-in-Chief of the armed forces since he wanted to protect the identities of the informers. He had also said, just a few months ago, that he was still not willing to reveal the persons’ identities.

“I have made it clear about my position on Clarke because… I knew about Clarke …the information on Clarke came from people whom I know in Buxton. And I would never ever, ever betray their confidence because they told me this in confidence. And I had it. It was clear. I shared it but you had a cabal that was pushing it but of course he didn’t get to move forward. …this happens routinely, people share information,” Jagdeo said at a recent press conference.

In 2003, the President had created a stir when he had refused Clarke’s promotion; the only one he denied from a long list of recommended officers. The then captain was recommended by a promotions panel chaired by the then army Chief of Staff, Brigadier Michael Atherly, based on the recommendation of his battalion commander.

The commander’s recommendation was said to be based on Clarke’s attitude and performance in his substantive rank, his suitability for promotion to higher rank and authority as well as his suitability for retention in the army.

That assessment was reached based on the recommendation of a promotion panel at the battalion level, which reviewed the ex-officer’s annual confidential reports and assessed his suitability.

Clarke was subsequently promoted.

He was charged shortly after Khan was described as a drug trafficker in the 2006 US drug report. When the report was published, Khan had made “assorted accusations” against Clarke and others at a meeting in March 2006 with US officials at the Ocean View Hotel. He had sought to provide “evidence” that Clarke had worked in concert with Shawn Brown, one of the five February 23, 2002 prison escapees. He had alleged that during Clarke’s tenure as head of ‘Operation Tourniquet’, he was in league with Brown, who was responsible for kidnapping former US diplomat Stephen Lesniak in April 2003.

Following his arrest in Trinidad in June 2006 and his subsequent indictment on drug charges, Khan had sought to deny that he and Clarke could have been co-conspirators in exporting drugs, arguing that he had exposed the former officer’s criminal links.

And in a motion filed through his lawyers prior to him throwing in the towel and pleading guilty to drug trafficking, Khan had alleged that the then officer was so involved in criminal activities in Buxton that he delayed finding Lesniak, even though information about the location of the kidnapped man was provided.

The US had sought to disallow any evidence about Clarke’s alleged criminal activities from the trial as they saw it as “self serving” for Khan.

When President Jagdeo had refused to promote Clarke, senior army sources at that time had told Stabroek News that nothing in the man’s record indicated that he had behaved in an inappropriate manner either during his assignment in Buxton or in the other locations at which he was stationed.

However, this was not the picture the President had subsequently painted.

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  1. Najbar SAINT KITTS AND NEVIS says:

    Another one down! many more to go

    • BORAPORK: HELP SAVE GUYANA CANADA says:

      If you do the crime you must do the time. The pursuit of wealth fueled by greed will always short-circuit promising careers. Jail time followed by deportation. Let him and Khan meet on Guyanese shores to settle scores.

    • turbo (ppp can't govern guyana) UNITED STATES says:

      NO LET THEM MEET IN THE FEDERAL PEN AND SETTLE ALL THE SCORES…

    • tiger CANADA says:

      it would be interesting to know how they will react to meeting oneanother in the federal penn, bora.. interesting indeed.

  2. Eyes in the sky JAPAN says:

    This is a prime example the alleged criminal activities of government officials of a failed/NARCO state…

  3. Dandy Andy UNITED STATES says:

    1. I don’t know why Khan would want to have Clarke ‘neutralized’ but went to great pains to ensure ask that Clarke’s mother, whom Khan knew, was not hurt in the process. Does anyone get the impression that Khan knew and worked with Clarke in the drug smuggling business? The save Clarke’s mother aspect is not in this story but it was reported in past stories.

    2. What does it say when the President has ‘people in Buxton’ who told him Clarke was in cahoots with Buxton criminals, yet Khan was the one who made the revelation that Clarke was in cahoots with the Buxton criminal gang?

    3. And it says a lot when the President can say he feels vindicated recalling Clarke from overseas training and blocked his promotion, yet Clarke still got promoted and Clarke is now awaiting sentencing in December in New York. Where is the vindication, Mr. President.

    • Brandon Samaroo (Jagdoe has used Burnham's constitution more than Burnham) CANADA says:

      President got inside info on a lot of things boy, the man is a genie us….but he doesnt and didnt know raja.

    • turbo (ppp can't govern guyana) UNITED STATES says:

      all i can say to my afro brothers and sisters dont make
      yourselves jackasses , learn from clarke ,fineman,brown,
      ERRORS ,when people like raja khan come around and wave a
      coil of money in yu face just box them out the way and gawn
      but yu business nah mek yu self get USED..

  4. Amen-ra UNITED STATES says:

    I have made it clear about my position on Clarke because… I knew about Clarke …the information on Clarke came from people whom I know in Buxton. And I would never ever, ever betray their confidence because they told me this in confidence. And I had it. It was clear. I shared it but you had a cabal that was pushing it but of course he didn’t get to move forward. …this happens routinely, people share information,” Jagdeo said at a recent press conference.

    Comments: The president has no credibility, he knows so much but still can’t produce the evidence, where is the tape you said you have with opposition leaders with criminal gangs, it’s either you put up or shut up.

    • Amen-ra UNITED STATES says:

      sn i noticed you are putting up the blogs very early now, i guess you have a new moderator in svc or he stop sleeping on the job, heehee.

  5. Marc FRANCE says:

    This case was not covered by the Guyanese press because of the revelations involving oppossition forces.The Roger Khan case in the US was a drug case just like this one so why was this case not covered in details?SN claims to have seen the letter written by the defence lawyer to the judge so therefore the case was not tried behind closed doors.This biased reporting by the Guyanese media houses will one day come back to haunt them because this type of reporting will only give undemocratic forces political leverage which in turn will not be good for them if these same forces come to power.This is a sad day for the press in Guyana.

    • Amen-ra UNITED STATES says:

      because rk case was a bigger case,that’s why.

    • Pilot230 UNITED STATES says:

      The Prez know alot about Clarke but nothing about roger . Is Jagdeo that stupid that he thing we are going to believe his story .My hope is one day you are going to write a book and tell us what you know .

  6. Smart R usppl UNITED KINGDOM says:

    Two former friends, now deadly foes will meet up in the segregation unit in the fed pen. “Turf war turn political war”, – that’s the power of the gun.

    Gun is power, law enforcers become enforcers for drug dealers/criminals for “money” is what escalate the whole crime wave in Guyana, then the prisoners escapees on one side make matters worse.

    Double dealings and betrayals caused a lot of feuds among law enforcers ie. GPF-GDF,- and criminals.

  7. Indian BARBADOS says:

    Another example of senior responsible personnel getting involved in criminal activity while ignoring the safety and well being of the defenceless citizens. This is clear evidence of the gross ineptitude, a trade mark of this administration.

  8. johnander CANADA says:

    The US said Clark and Khan were cohorts in the drug trade.

    I will not doubt, but when friends fall out you have problems.

    The play continues, still in scene 2.

  9. Cummins UNITED STATES says:

    It seems like Mr. Clarke enjoyed a rather quiet proceeding. I really don’t understand why Khan’s case got that much publicity and this one got none, especially since this guy was an officer in the security forces at the time he allegedly committed the crimes for which he is on trial for.
    What’s up with that Stabroeknews?

    • Pilot230 UNITED STATES says:

      Come on Cummins you are much smarter than that i hope .

    • Roger Khan was the drug lord, Phantom Squad Leader, he was
      the one who was calling the shots ,
      he was working on behalf of the Guyana Government, he was
      helping the security force to curb crime in the country , he made
      world news,you get the picture, Khan is/was more an important
      person to the US, Clark was/is a Lil fish Cummins.

    • KBOS.VIPFLYIER.CYYZ UNITED STATES says:

      Khan was in bed with the goverment

  10. dubaiciti UNITED STATES says:

    Just look at the result of constant greed, they were not satisfied with doing it for a year, they had to continue making more money. If they are guilty, then heavy sentences can be expected since the US does not take likely to those who are caught. This is not a simple misdemeanor, this is a federal offence and it is usually not taken litely, neither does it resonate well with juries around the world. In this case a plea bargain would be best. They see those defendants as the scum of the earth and therin lies the problem.



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