Justice Dora Lizzette Irririzary, presiding at the U.S. Eastern District Court on Tillary Street in downtown Brooklyn, before whom the 36-year-old Khan appeared for just about 10 minutes, adjourned the case for 45 days, saying that Khan’s matter is a complex one.

Khan’s next appearance before her is on September 18.

Both the prosecutors and Khan’s U.S. attorneys Robert Simmels and John Bergendahl agreed. The two have now been joined by Trinidad attorney Odai Ramishchand to defend the Guyanese businessman.

According to the `Guyana Times’ in New York City, Judge Irririzary stated that Khan’s case was out of the norm for most criminal cases and those differences were basically occasioned by the way he was taken to the U.S.

Simmels, in noting that the U.S. did kidnap Khan from Trinidad, said his client was not allowed due process in the twin-island republic. In addition, he said, the U.S. did not follow Trinidad’s law, arguing that the U.S. needed to file a request to Trinidad or any country in any such cases. Instead, his client was brought there illegally, he said.

As a consequence, Ramishchand will file legal documents in a Trinidad court to show that Khan was not given due process there and that he was taken to the U.S. illegally. Khan also signed a power of attorney granting Ramishchand permission access to information that will help his case.

Pointing out that that could help Khan’s case significantly, he reminded that it was only on June 29 that a U.S. supreme court ruled that the cases of the Guantanamo Bay prisoners were illegal, noting too, that the law requires that each person must be given due process before charged or tried.

Simmels also told the court that Khan is a citizen of Guyana. Remarking that he is not a citizen of the U.S. or even a green card holder, the attorney added that if he (Khan) was arrested in the U.S. then his case would not be as complex as it is now.

Bergandahl said his client has every intention of challenging the U.S. and to the very end.

The controversial businessman was arrested in Paramaribo, Suriname, on June 15 last along with 11 others, including three other Guyanese - Paul Rodrigues, Sean Belfield and Lloyd Robert – said to be his bodyguards during a huge drug bust which Police in the former Dutch colony said netted 213 kilos of cocaine.

He was expelled from that country to Trinidad and Tobago on June 29 where he subsequently was handed over to U.S. law enforcement officials. He was then flown to the U.S. to face the drug charge in what his lawyers called a kidnapping.

Khan had also appeared in a Paramaribo Magistrate's court charged with being part of a criminal organisation, possession and trafficking of narcotics and possession of firearms.

The charges were, however, withdrawn to facilitate Khan's deportation from Suriname and subsequent apprehension by the U.S.

U.S. Drug Enforcement Agents (DEA) arrested Khan in Trinidad on the basis of an international arrest on an indictment by a New York Grand Jury in May this year for conspiracy to import cocaine.

The warrant which carried the Case Number 06CR 255 “commanded” the United States Marshall and/or any authorized United States Officer, “to arrest Shaheed Khan, also known as `Roger Khan' and `Short Man’ and bring him forthwith to the nearest magistrate to answer an indictment charging him with conspiring to import cocaine into the United States.”

The warrant signed by Justice Roanne Mann on April 13, 2006, stated that the alleged offence was in violation of Title 21, U.S. Case section 963.

Khan was arraigned at the Brooklyn Federal Court in New York on June 29, before Justice Mann, less than 24 hours after he was spirited off to that country from Trinidad.

The judge ordered that he be detained at the Metropolitan Detention Center in downtown Brooklyn and reassigned the case to Judge Irririzary.

Yesterday, Khan was supported by several family members including his wife, children, his mother Gloria Kissoon, uncles and aunts.

His mother, who appeared to be tired and stressed, spoke about the support from the Guyanese community and said she was very pleased with the Guyana government, especially former President Janet Jagan, who, when she spoke did so on behalf of Guyanese as a whole. Kissoon said President Bharrat Jagdeo did the same.

The `Guyana Times’ said Khan’s mother was also very appreciative of the letters of support that appear in the papers and said his family will all continue to pray for her son. She noted, too, that the last time her son appeared in court he was tired and was affected because of the way he was taken to the U.S.

She remarked that her son had been chased from Guyana, then to be kidnapped in Trinidad and that he was not given anything while in Suriname or Trinidad. She said that in the U.S. he benefits more, is allowed telephone calls, is given a pen or paper whenever he requests.

According to her, the way he is treated in the U.S. is a reflection of how he looked, relaxed, when he appeared in court yesterday.

Meanwhile, up to yesterday, Khan’s Guyanese cohorts and the Surinamese who were held with him in the former Dutch colony, were still incarcerated and have not yet been charged for any offence.

The Surinamese authorities have twice gotten legal approval to further extend the incarceration of the Guyanese.

The Suriname de Ware Tijd newspaper reported late last month that the investigation might be expanded to other persons on the basis of information received from abroad.

It quoted Prosecutor General Subhas Punwasi as saying the 11 persons will remain in custody, as "there are no grounds for releasing these suspects, the investigation will continue and they will appear before the judge, it's that simple… it is a 'big case', which must be uncovered. . . so it might take a while before the suspects are brought to court."

The investigators are now trying to uncover who else was involved in Khan's alleged criminal activities, the newspaper added.

Saturday, August 5, 2006