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.