A US appeal court judge is to rule this week on whether drug-indicted businessman Roger Khan should be given bail while waiting to face trial in New York. And the scheduled hearing of Khan’s case yesterday in the lower court was postponed owing to the illness of Justice Dora Lizette Irizarry.
A new date has not been set for the next court appearance, but the court is expected to communicate this very soon. Khan’s last appearance in the Brooklyn Court House was on February 26 during which time the US government slapped 18 additional charges against him to which he pleaded not guilty.
One of his attorneys, Robert Simels had objected to the court not granting him bail and filed an appeal against this. The matter was heard before Justice Sonia Sotomayer on Wednesday. Before listening to submissions from Simels, Sotomayer asked the attorney whether he had gone to the appeal court to have a ruling that the lower court had already made considered. The judge said Khan who could face life imprisonment was a fugitive from US justice for 12 years before he was arrested last year and taken to New York.
Simels in his submissions outlined how Khan was arrested in Trinidad and Tobago after being deported from Suriname. He also spoke of Khan’s so-called role in crime fighting in Guyana.
Michael Ramos, representing the US Government, said Khan was a flight risk and they were opposing bail.
Sotomayer said that she would make a written ruling within a week. Meanwhile, yesterday’s court session that was postponed should have examined some of the discoveries the US Government has submitted in the case.
Of the 18 additional charges that were slapped on Khan in February, one is continuing a criminal enterprise, which could see him serving life in prison if he is found guilty as it carries a mandatory life imprisonment sentence.
On the first count of the charge of continuing a criminal enterprise, it is alleged that between January 2001 and June 2006, “both dates being approximate and inclusive”, Khan, who is also known as Roger Khan, ‘Short Man’ or ‘Boss Man’, knowingly and intentionally engaged in a continuing criminal enterprise in concert with five or more other persons. He reportedly occupied the position of principal administrator, organiser and leader of the continuing criminal enterprise. From this enterprise, the indictment said, Khan obtained, “substantial income and resources. Khan is also charged with: conspiracy to import at least 150 kilogrammes (kilos) of cocaine into the US between January 2001 and June 2006, conspiracy to distribute and possess with intent to distribute at least 150 kilos of cocaine between January 2001 and June 2006, distribution of and possession with intent to distribute cocaine on or about March 19, 2003.
Also he is charged with distribution of and possession with intent to distribute cocaine on or about March 25 and 28 2003. Khan is also charged with four counts of importation of five or more kilos of cocaine allegedly committed in December 2003, March 2004, April 2004 and May 2004. He faced eight more counts of distribution of and possession with intent to distribute five or more kilogrammes of cocaine in February 2003; March 19, 2003; March 25, 2003; March, 28, 2003; December 2003; March 2004; April 2004 and May 2004. All of the offences are in violation of Title 21, United States Code, Sections 963 and 952(a). Section 952(a) makes it a crime to import a controlled substance into the US and Section 963 makes it a crime to conspire to do same.
US Government had indicated plans to hand over a number of audio wiretapped conversations and documented conversations involving Khan at the last court hearing. This has since been done. Khan is charged with conspiring to import cocaine into the US between January 2001 and March 2006. The US alleges that he is the leader of a cocaine trafficking organisation based in Georgetown and that he was able to import huge amounts of cocaine into Guyana and then oversee its exportation to the US and elsewhere.
