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Roger Khan drug trial Judge writes Guyana for witness help

Justice Dora L. Irizarry, who is presiding over the Roger Khan drug trial, has written to judicial authorities in Guyana seeking assistance in obtaining evidence from eight witnesses for the defence to be used in the trial set to commence on November 3.

In the letter, seen by this newspaper, the judge said her court is seeking “international judicial assistance to obtain evidence to be used in a criminal proceeding before this court… in accordance with Laws of Guyana, Chapter 5:01 Evidence (Proceedings in Foreign Tribunals) Act).

The judge said the witnesses “may have information material to the trial of this matter, but have indicated that they are unwilling to travel to the United States to testify at the trial.” She had therefore ordered on June 2 last that the depositions be taken locally, following a request by the defence.

The letter said the court needed the assistance in the interest of justice. “The assistance requested is that the appropriate judicial authority of Guyana compel the appearances of the [witnesses] to give evidence at a deposition in Guyana,” the letter said. The names of the witnesses were redacted from the court document so as to protect their identities.

The court requested that the witnesses be examined in Guyana orally and under oath by counsel for Khan and by counsel for the prosecution. A request was also made for the latter to be permitted to participate in the depositions from the US via video-conferencing. The depositions would be taken in accordance with Guyana’s laws and they would be “contemporaneously recorded at the arrangement and expense of defendant Khan for the purpose of creating a verbatim transcript, and may be videotaped at the arrangement and expense of defendant Khan if the rules permit.

“It is requested that the depositions take place as promptly as the parties may arrange, at a time and place in Georgetown, Guyana, to be arranged by the parties,” the letter said.

“Each witness who is required to attend and be examined shall be paid by defendant Khan such fees and expenses as are allowed for the attendance of a witness in civil proceedings before the judicial authorities of Guyana. Any cost incurred by the judicial authorities of Guyana in executing this request shall be subject to reimbursement by defendant Khan.”

The judge also offered to “entertain any requests for similar judicial assistance which the appropriate authority of Guyana may from time to time find it appropriate to make.”

The Guyana Government has indicated its interest in gathering information from the US on claims that Khan was close to a group which may be responsible for around 200 killings.

Khan is facing 18 counts of conspiracy to import cocaine into the US between 2001 and 2006 and heading a criminal enterprise. He is charged with violating the narcotics law of the US.

It is unclear if the request has already been received by the authorities here. Trans-mittal is usually done via the Ministry of Foreign Affairs.

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28 Responses to “Roger Khan drug trial Judge writes Guyana for witness help”

ankoko
on July 19th, 2008 9:16 am

Oh boy - here we go again. These ‘witnesses’ now in jeopardy.
From the beginning this thing had the makings of a circus/soap opera and it continues in that vein aided by the defence. First they were to take the ‘witnesses’ to the US, then they were to depose them in Guyana but couldn’t because the safety of the persons to depose the ‘witnesses’ couldn’t be guaranteed; now this! Let the trial begin so the ‘evidence’ can be seen.
Stay tuned for the next episode in the “Saga of Roger Khan”

[Reply to this]
Berkeley Van Bowen
In reply to the above comment on July 19th, 2008 6:18 pm:
Witnesses will be intimidated to approach the Guyana judiciary, consequently Roger Khan will escape the arms of justice.

[Reply to this]
cahil
on July 19th, 2008 10:00 am

the roger khan affairs will continue to be a distraction to peoples lives both of these government r t bo blame for this sag had high level cantact with them but as usual they knew roger khan was doing his own thing but somewhere he have fallen out of favor with somebody higher up they have decided that they no longer have uses for him

[Reply to this]
Uncle
on July 19th, 2008 10:11 am

From the way I see it, if they have so much “evidence” against Roger Khan, then why haven’t they given him a speedy trial? This sounds so similar to the story which appeared on CNN a few days ago about the 16 year old Muslim boy who is being kept at Guantanamo for years now. Even though they “know” he is guilty, they still can’t give him a trial. I’m glad that so many Guyanese have jumped on the band wagon and are ready to throw stones at Roger Khan, but a few years ago they had nothing to say when they were hiding in their homes. Even the police were fashionably late to shoot-outs just because they too were afraid of the criminals. Roger Khan has been in jail since 2005…it’s now 2008, and it will be 2009 and then 2010. If they have so much “evidence” against the man, why haven’t they dumped it all on him and let the “evidence” speak for itself? Instead, they will drag it on and on and on until they can hocus pocus and create the “evidence” which they will have.

I will continue to pray for the people in Guyana who still live at the mercy of the criminals. It’s funny how everyone who safely go to sleep in New York or Toronto come out and talk about extra judicial killings. Yet, when the criminals were kidnapping, robbing and murdering innocent people, none of you had anything to say. I still have a good laugh everytime I remember the picture of the little Indian boy in KN holding the poster which said…”we want Roger Khan” and “we want Roger Khan to save our children”. To the people holding up those signs, you should call on the good folks who post here to come save you now. All of you people in here are quick to call Roger Khan a drug dealer and the murderer of people…why don’t you point the finger at the politicians in North America. You know who I’m talking about. But you won’t, will you? I mean, why should you, it’s much easier to go after a Guyanese man. The same man who probably helped preserve the life of one of your family members back in Guyana.

[Reply to this]
mercigar
In reply to the above comment on July 19th, 2008 12:43 pm:
If I present uncorroborated evidence against someone in court, I hardly stand a chance in securing a conviction. Isnt that what the US authorities want to do? Isnt a trial date set for Nov. 3? Were the police ‘fashionably’ late or they appeared on the scene to mop up only after their clandestine ’seconded superiors’ Khan et al had done the job and left?
And why innocent policemen - some of them arent - were afraid? Because their masters employed devious characters to do their job even (sometimes) at the expense of the lives and well-being of the policeman.
Didnt Khan himself say he worked in association with government forces to eradicate crime? (A man of his stature was placed in the forefront of our crime fighting effort? How could he or the authorities be right? What happen to asking international assistance? or is it done only for window dressing and political grandstanding? And how could Roger Khan save our children with the whole array of what his enterprise constitutes?
And by the way, there people in our justice system here languishing in jail for years without a speedy trial - the police yet cannot find adequate evidence to secure a conviction.

[Reply to this]
gtmassive
In reply to the above comment on July 19th, 2008 1:26 pm:
How do you know people had nothing to say when the kidnapping and murdering were taken place? We hadn’t a forum like this one to air our views and comments.

Why do you think RK is on trial? He is on trial for drugs, which led to those very kidnappings and murders. Drug dealers in general will always be murderers, whether it was committed by them or their henchmen.

To let you know, this is a guyanese forum and not a politicians in North American one.

[Reply to this]
Franky
In reply to the above comment on July 19th, 2008 3:51 pm:
Uncle I see you are a sympathizer , criminal can be Roger can who has amass wealth by selling drugs or some young lad who gets his hand on an AK… I say let them all fry so that hard working honest people can prevail

[Reply to this]
Uncle
In reply to the above comment on July 19th, 2008 6:10 pm:
franky, it’s not about being a sympathizer. It’s about seeing what went on in Guyana after 2002 and the way no one did anything to stop the situation.

mercigar and gtmassive, I hear what you guys are saying and a lot of what you said is correct. I do agree.

mercigar:

“Isnt a trial date set for Nov. 3?”

-Yes, that is true. But, one was set for October 2005. Then April 2006. Then September 2006. Then February 2007. Then September 2007. Then 2008. Now it’s November 3rd. See a pattern? In fact, I’ll bet you 10 bucks right now it will be postponed again. We have a bet?

“Were the police ‘fashionably’ late or they appeared on the scene to mop up only after their clandestine ’seconded superiors’ Khan et al had done the job and left?”

-I really can’t tell you, because I wasn’t there and just like you and everyone else in here, I’m just coming up with theories. But answer me this, when fineman and his gang escaped in 2002 and started robbing and kidnapping people. What did the police do? When fineman and his gang started murdering people infront of their homes. Did the police do anything to stop it? When they blocked off the road in Agricola and McDoom, shot the MMC guard and shot the people in the house in Agricola, burned their house down and shot the people in the bus. Did the police show up late because Khan was there to mop up? When the 4 GUYSUCO workers were kidnapped aback Buxton/Friendship. Was it because of Khan? When fineman and his gang went to Lusignan and Bartica and murdered people. Did the police show up late because Khan wanted them to? Fineman and his gang were running loose and NO ONE was doing anything to stop it. Someone had to take them out.

gtmassive:

“Why do you think RK is on trial? He is on trial for drugs”

-Actually, when they first held him in Trinidad, they held him for “conspiring to import drugs”. I can’t tell you what that charge has evolved into today.

“which led to those very kidnappings and murders”

-If drug dealers kill each other 20 times a day, it doesn’t bother me one bit! You live by the sword, you die by the sword. But criminals were running around Guyana (they still are) and here was a man who stepped up and started taking them out one by one. And during that time, a lot of Guyanese started feeling a bit safer, compared to a few months prior.

“Drug dealers in general will always be murderers, whether it was committed by them or their henchmen.”

-That statement is so true! But were fineman and his gang murdering drug dealers or innocent citizens? Did they murder drug dealers in Lusignan too? And what about the people in Agricola, were they drug dealers too? And the MMC guard? And the people in Bartica? Were all these people drug dealers?

“To let you know, this is a guyanese forum and not a politicians in North American one.”

-Thank you for letting me know that. But, I wanted you to see the hypocrisy of the North American politicians. Don’t you find it odd that Roger Khan was running around Guyana free as a bird, but it was ONLY after he released that letter talking about America’s involvement in Guyana, which had to do with Venezuela, that he magically appeared on the wanted list? Why didn’t they put him on that list of drug dealers one week before he sent that letter? Or why not 3 days, or 2 days before? Why did his name appear on that list after that letter was released?

Why did they mention Roger Khan’s dealings in Guyana concerning the crime situation. And when the man’s lawyers started talking about him aiding the police…why did they then say ‘what happened in Guyana doesn’t matter’? Why? Doesn’t something smell a bit fishy to you guys? The last I’m gonna say about this is…good luck to Roger Khan and good luck to people in Guyana.

justice4all
In reply to the above comment on July 20th, 2008 5:50 am:
You who like Roger Khan need to start your own country and have him as the chief of police. You who favor extra judicial killings need to separate yourself and live in a nation where that is allowed.

You are not fooling anyone with your attempt to place people on guilt trips in order to win sympathy for your view that it is ok for people to go out and willy nilly kidnap people from other demographic groups in the country and kill them. You find the massacre in Lusignan wrong because of who was killed, but is willing to make post mortem judgements on the hundreds that Khan’s group is thought to have killed. That skewed facet of reasoning is typical of those for whom crime and murder is determined by who is the victim and who is the perpetrator. It figures

[Reply to this]
guy123
In reply to the above comment on July 20th, 2008 4:44 pm:
I am so fed up with people like you talking about RK fighting crime,can you tell me who his men were and where they are now?Because he could no more face a bandit and kill them than you can Uncle,so wake up from your fantasy.It takes a bandit to kill a bandit.

[Reply to this]
La vie est bonne!
on July 19th, 2008 10:14 am

The judge have no idea that this regime was in bed with Roger Khan or she is under the impression that this regme is impartial.
She is in for a rude awakening!!!

[Reply to this]
bgsbny
In reply to the above comment on July 19th, 2008 3:03 pm:
….. ure always in the index-fingering mode ,, is dat all u can do ,, is dat the limit of ur contribution to ur country ,, a country that is the beginning of the “good life ure livin”…..

can u find it in ur “race hate heart” to see past burnham that did nothing but destroy a whole country and its people ??????????? !…….

[Reply to this]
Arcadia Terry
In reply to the above comment on July 19th, 2008 5:27 pm:
I am just curious to know the entire truth about the Burnham era i was too young to understand what took place during that time, was Guyana worst off than now ? please help me with the history of my country Thank you in anticipation for a responce.

champion
In reply to the above comment on July 19th, 2008 6:52 pm:
Yeh are you confused? how could you say this (is that the limit of ur contribution to ur country ,, a country that is the beginning of the “good life ure livin”….. ) and then turn around and say (can u find it in ur “race hate heart” to see past burnham that did nothing but destroy a whole country and its people ??????????? !…….)
Well let’s say try to give you a win because in your eyes he did nothing. Can you tell me what this Government did to make us proud, in the Caribbean we have the record for Human Resource export, and our remittance will soon be competing with our GDP……is that progress, mass exodus and a new generation of kids that have no hope nor faith in their country, a generation of Western Union, Money Gram, and family send a Hundred US for me please……..what a shame…….all they go to conference fly fly fly on your money, guess what is it attending big social gathering and boast of Guyana’s potential and plans, since growing up I was hearing talks of our potential, gold, bauxite, timber, diamond, sugar, rice and you name it all potential…….what is potential and plans without any idea to execute…….
last week I witness the celebration of The Bahamas 35 independence anniversary and what I saw a proud nation of people celebrating together not fighting each other because of party affiliation nor race who is White or Black Bahamians……..what I saw was love and unity and so proud to remind people that they are Bahamian…..when will we stop talking of what Burnham did and get on with the job that you should be doing that Burnham did not do ….make us happy and eager to come home and be proud too, let our kids have hope in something , not wanting a passport to catch the next flight out and never to return even if it means living illegal in a next country…
look it is 16 years that the PPP was at the helm of that country…….could you please tell me or point out to me any Investment be it Foreign or local that employed over 2000 Guyanese, yeh we are getting debt write off with the plan to borrow much more that is been siphon off either directly or indirectly to those in favor of the Government.
Wake up and smell the air that you have to breath at home i am sure it is fishy, with all of the corruption that is present in my dear country.

champion
In reply to the above comment on July 19th, 2008 6:59 pm:
Sorry I forget this… does the name Hugh Desmond Hoyte ring a bell to you, well if not when he was in control he did turn things around the ERP made us proud of a 6% growth which was the largest oof that hemisphere, oh yeh it was working Guyana was on the move again then came PPP….you can fill the blanks in.
Good bye.
Ahhhh What a mess.

malaika06
In reply to the above comment on July 19th, 2008 10:49 pm:
what r u talking about. What Burnham got to do with anything. Leave Burnham alone, deal with the people who have been MISMANAGING the country for the past 16 years!!!!!!!!! Geez

bgsbny
In reply to the above comment on July 20th, 2008 10:56 am:
……. YO ! arcadia terry,,,,, to really understand the political history of our

” DEAR LAND of GUYANA ” you need to start with the X13 plan by the pnc ! under the now infamous leader and the “ex - e - cutive paramount president and his acolytes… one of whom is in the business of “destabilisation” …..

ruining the country was not enough during their reign of corruption ,, which,, incidentally is the legacy of,, and the child of “de kabaka”,, the once much touted “garden city” of the c’bean,, is now the dump of contempt ,, ridicule,, and more,, by any who know like,, WPGeorge ! who,, in this very same forum ,, a few days ago lamented the ” fact ” that the citys ruins and crumbling appearance ,,
— here’s the kicker ! — started “soon after” INDEPENDENCE !!!! the X13 plan was used to catapult the disgrace to GUYANA ,, which is the curse known to all as the pnc and their aclytes !

the critical faculty has its value in correcting errors,, reforming abuses,, and demolishing superstitions,, but the constructive faculty is much nobler in itself ,,and immeasurable more valuable in its results,, for the obvious reason
that it is a much nobler and better thing to build up than to pull down,, it requires skill and labour to erect a building,, but any idle tramp can burn it down ,,, only
GOD can form and paint a flower ,, but any foolish child can pull it to pieces !!!!!!!

JMGibson…….

i think “google” may have on the web the X13 PLAN !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!…..

more abt the political history should be of interest,, where,, the intrugue began after Cheddie took burnham along with him to INDIA ,, interestingly enough the fall of the El Dorado ! started by burnham on his return from INDIA ……..

La vie est bonne!
In reply to the above comment on July 20th, 2008 2:11 pm:
bgsbny - Those who invoke the race hate card are most guility of it!
Shameflul.
kabaka
on July 19th, 2008 10:17 am

Lets see who is involved and who would be consumed

[Reply to this]
mercigar
on July 19th, 2008 10:28 am

I think everyone knows the apparent danger of being identified as a witness and giving testimony in such matters HERE. Once upon a time Khan’s Defence Attorney was even afraid to come here. Well, if Guyana were a HARD place and the USA, a ROCK, I would prefer the ROCK with ID protection. BUT…Why would these witness be UNWILLING to travel to the USA? Is there more in the mortar than the pestle? Their appearances have to be COMPELLED here?

[Reply to this]
Amarie
on July 19th, 2008 11:06 am

This judge Irizarry is either a comedian or has no real knowledge of how things operate in Guyana. If these people didn’t want to go to the US - where they would have been in relative safety - to testify, does she really think they are going to do it right here where they could be more easily pinpointed and snuffed out?
I eagerly await the response to this request from the US.

[Reply to this]
gtbeat
on July 19th, 2008 3:15 pm

He received his education and training in America,he is their headache, they clearly have no case against him.

[Reply to this]
Myfun1
on July 19th, 2008 4:32 pm

This is investigative/judicial stratergy at its best. Imagine forcing Khan’s cohorts to come forward and provide so called evidence to support his innocence by way of deposition for a HIGH PROFILE DRUG case being tried in the USA, or is this the way to implicate certain Government Officals through first hand reliable wittness testimony.

I wonder if Gagraj or Jadeo are among the 8 wittnesses, I also wonder if the DEA will be present at the taking of the depositions, logical way to entrap and arrest certain wanted co-conspirators of Khan’s, remember the Justice Department has a sealed list of wanted Guyanese DRUG dealers directly or indirectly connected to Khan’s DRUG empire and its nefarious activities so well remembered during the dark days of the reign of the Phantom Squad linked to the Black Clothes Squad.

Justice will be served one way or the other “Khan is going down” with or without the defense wittnesses and I hope the message is clear to all those would be Khan’s and corrupt Government Ministers and Civil Servants in Guyana that are destroying the fiber of Guyanaes Society and Simple and Peaceful way of life.

[Reply to this]
Cheryl
In reply to the above comment on July 22nd, 2008 10:32 am:
Good thought MYfun!, so thankful to SN for the opportunity to read all this stuff, something is wrong with this entire case, why are wittness refusing to travel to the US, can someone explain?, seems to me that they have something to hide, some many big fishes involved.

[Reply to this]
birds
on July 20th, 2008 12:00 am

If Roger Khan Laywer was afarid to be in Guyana then if that is not something to worry about . The may they should have on the witness stand is Gajraj.

[Reply to this]
justice4all
on July 20th, 2008 5:42 am

The caption for this article misses the context of the judge’s appeal. The defence petitioned the court to have witnesses testify in Guyana because it claimed they were afraid to travel to the US. The presiding judge granted the request, and now is initiating the process by which the evidence from such testimony can be obtained. This obviously includes seeking assistance from foreign judicial jurisdictions, to wit Guyana. The judge also sets out the conditions under such testimony will be taken in order for it to be admissable in a US Court of Law. This obviously includes the prosecution being able to depose and cross examine the testimony of the defence witnesses. The caption suggests that the Prosecution in the case is asking for witnesses to terstify against Khan.

The article fails to explain these things to the reading public and thus leaves the situation open to wild speculation, when it is quite simple. The person writing this article missed an opportunity to provide an insight into these kinds of judicial proceses.

[Reply to this]
bbuckman
on July 21st, 2008 12:32 pm

i have a problem with this.khan is entitled to to a vigorous defence.the witness not being abled to travel to the US means the witness not being cross examined.
if dey gan pay for witness to travel and stay in the US,dey gan get a long line from GT to Timerhi.
now dey gan get de friends…

[Reply to this]
Cheryl
In reply to the above comment on July 22nd, 2008 10:36 am:
UR so right (LOL) false witnesses would take a chance and leave Guyana, then get missing in action, RK seems to have loads of cash, this guy is going to sing, this case is taking so long, I cannot wait, the US courts are smart, they have everything planned.

[Reply to this]