The prosecution in the drug case against Guyanese businessman Roger Khan, has informed the court that it would shortly be providing information seized from computers and other items belonging to two US-based Guyanese jailed for narcotics offences as well as the unredacted version of the statements made by Khan during the March 16, 2006 meeting he had with US officials at Ocean View Hotel.
United States Attorney Benton Campbell informed Justice Dora L. Irizarry, of these developments by way of letter, in keeping with the November 30, ruling of the judge in relation to a letter from Khan through his lawyers making several requests of the prosecution.
According to Khan’s November 16 letter, law enforcement officers seized computers from the premises of prospective defence witnesses – Alicia Jagnarain and Nigel Rodney called Sharwin Lilly – and it is presumed that forensic searches were done on these computers. Both Jagnarain and Rodney are serving time in the US for drug related cases. Khan’s letter requested that the fruits of any computer searches be provided and that any information derived from the computers that was favourable to him be disclosed. The letter also requested that the fruits of a search of a fax machine recovered from Rodney’s premises – including any print-out of the history of transmission – be disclosed.
The third request made by Khan was for the fruits of any search pertaining to the history of Jagnarain’s email address or Rodney’s email address and a copy of the datebook recovered from Rodney at his premises.
A request was also made for both individuals’ passports reflecting their travel and also for the results of any scientific or forensic tests performed on any narcotics seized pertaining to Khan’s case.
In relation to the March 16, 2006 meeting, the letter noted that the prosecution had previously provided only a redacted copy of the report of the meeting and as such a request was being made that a copy of the unredacted report be provided to the court for an in-camera inspection to determine whether any or all of the redacted material is discoverable.
As a result, the prosecution has submitted the redacted version that relates to statements made by the defendant at the meeting and also the unredacted version. It was pointed out by the prosecution that many of Khan’s statements during that meeting are not relevant to the present case; however, all the statements were handed over.
It was disclosed that the redacted portions contain information, such as internal routing information, numbers assigned by the Drug Enforcement Agency (DEA) to the defendant.
In relation to the other requests the prosecution said that there was nothing to deliver from Jagnarain since no computer was seized from her. But a computer was seized from Rodney and US agents are in the process of searching the computer and as soon as it is completed, a report would be submitted to the court on its contents.
The fax machine from Rodney is also in the process of being examined and a report was again promised. The third request that dealt with the email addresses of the two was denied by the judge.
With regard to the fourth that dealt with the datebook, the prosecution will review the items and disclose them to the defendant shortly. The prosecution said that it did not have Rodney’s passport and the laboratory reports of the cocaine will be provided shortly.
Khan is currently before a New York court charged with 18 counts of conspiracy to import cocaine into the US. He was seized in Trinidad and Tobago last year June by US officials and flown to New York. He is expected to go on trial by August.
