Another of Roger Khan’s lawyers may not be able to represent him in the drug trial, as there could be a conflict of interest given that he had represented a woman from whose home evidence that would be used against Khan has been taken.
According to a letter written by Prosecutor Benton Campbell to Justice Dora L. Irizarry, attorney John Bergendahl, who he had thought was no longer participating in the drug trial even though he was technically listed as counsel, contacted him on Monday about the case.
The prosecutor said he informed the lawyer that there might be a “potential or actual conflict” as he had represented a woman (named) who pleaded guilty to money laundering in 2005.
It was from her home that a drug/money laundering ledger was seized along with financial records of two other persons, both of whom are related to Khan.
Information obtained from the home showed that on October 25, 2001, one of the women sent US$10,000 to the two persons related to Khan.
“As a result, there may be a conflict of interest for Mr. Bergendahl to represent Mr. Khan in light of his representation of [the woman’s name],” Campbell’s letter said.
Khan’s lead attorney, Robert M Simels, might also not be able to represent him following his indictment on witness tampering charges in relation to the drug case. One of the conditions set for his US$3.5 million bail was that he must have no contact with Khan.
The stunning arrests of Simels, his assistant and Khan on charges of attempting to “eliminate” or “neutralise” witnesses has thrown another spanner in the works for the November start date of Khan’s trial.
Khan has been in the US jail since 2006 following his arrest in Trinidad on the 18-count indictment for drug trafficking and heading a criminal enterprise in Guyana.
Meanwhile, a transcript of calls intercepted from Dave Persaud, who had fled the US after facing drug charges and was later murdered on Main Street allegedly on Khan’s instructions according to the US authorities, will be put in dual Guyanese/English translation format and rechecked for accuracy.
Campbell said that 32 transcripts had already been handed over and prosecution has since forwarded them to one of Khan’s lawyer, Diarmuid White.
He said the remaining transcripts should be finalised by the October 1 status conference on the case.
In addition, the prosecution has also requested that half a dozen prison calls and a recorded meeting involving Persaud to be transcribed and handed over in time for the next status conference.
