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Way cleared for Suriname to hand over Roger Khan material to US

Roger Khan

Surinamese judge John von Niesewand yesterday ruled that authorities could hand over to the US Government all materials and other documents concerning drug indicted businessman, Shaheed Roger Khan which had been gathered while he was detained in Paramaribo last year.

The US Government had indicated in court last year that it was seeking assistance from foreign jurisdictions in its case against Khan and that Suriname was one of the countries it was asking for help. Khan and three of his bodyguards were arrested during a huge drug bust on June 15 last year in Paramaribo. Khan was released by Suriname and then arrested by US authorities in Trinidad and Tobago. His guards were held in Suriname for several months and later released.

Khan has since been indicted by the US on more than 18 counts of conspiracy to import cocaine into that country.

Yesterday, Khan appeared in court in New York and was further remanded until the end of the month.

In Suriname, Justice von Niesewand cleared the way for authorities to hand over proof and information on Khan's activities to the US, Prosecutor General Subhas Punwasi confirmed. One of Khan's lawyers in Suriname, Gerold Sewcharan, had requested a copy of the US request, which was made last year, from the local court. He had also asked the judge to forbid Punwasi from handing over the materials on his client to the US. Sewcharan had also wanted to have full knowledge of the US request, but Justice von Niesewand refused the lawyer's request stating that the US has prosecuted Khan already and is likely to sentence him too. Punwasi is set to hand over some of the information on Khan. The remainder will be used as evidence in the case against the Surinamese men who were arrested during the drug bust last year June.

Meanwhile, Khan's New York lawyer, Robert Simels had approached the court requesting that he be allowed to record and photograph pertinent evidence against Khan already laid before the court. The US Government had indicated that it had no problem with the defence being allowed to record the evidence in court, but Justice Dora Irizarry in her ruling on Wednesday said the request for the materials to be inspected by Khan and a private investigator was granted in part and denied in part.

Justice Irizarry ruled that the inspection could occur immediately after the status conference, which was held yesterday morning but not in the courtroom. The US Government has handed over a number of audio wiretapped conversations and documented conversations involving Khan.

Michael Ramos, one of the prosecutors, told the court yesterday that the prosecution has furnished the defence with all available evidence so far in the case. The inspection and recording of the evidence yesterday occurred in a large room within the Marshal's office located at the Brooklyn Federal Courthouse.

Justice Irizarry said in her ruling that notwithstanding the government consenting to the defence's request for permission to take a digital camera into the courthouse to photograph, "pertinent evidence, the request is denied. No digital or other photographic or recording equipment shall be permitted in the courtroom or other location within the courthouse," the judge ruled.

She said the defence should make arrangements with the government for photographing evidence at a mutually agreed location away from the courthouse.

Justice Irizarry yesterday also denied Khan a change of status at the federal jailhouse he is being held at currently. Simels had asked the court to review Khan's conditions at the jail, arguing that he was being held in a cell for terrorists and that there were a number of restrictions.

Addressing Simels on the issue yesterday, Justice Irizarry said she was not going to accept any more letters with regard to Khan's status at the prison. "I don't want to sound glib but Khan has to realize that he is in a prison and not in a hotel," the judge said. She further told the defence counsel that court intervention should be a remedy of last resort regarding US Bureau of Prison (BOP) procedures. According to the judge, the BOP and the court do not have to drop everything to deal with Khan's varying requests, since he was not the only inmate at the jailhouse. She said Khan must exhaust all the procedures before approaching the court.

Justice Irizarry said the US Government has bent over backwards to accommodate some of Khan's requests including providing him with access to a computer while in prison.