Former GDF Major walks free after time served

Dec 05, 2009 News

– judge says no to deportation

After more than three years in US custody on drug related charges, former Guyana Defence Force Major, David Clarke, was released yesterday on time served by Chief Judge Raymond Dearie, at the US Federal Court in Brooklyn.
Clarke, was to be a key witness in the trial against convicted self-confessed Guyanese drug lord, Shaheed Roger Khan. He became the key target and sparked witness tampering charges against Khan and his former defence attorney, Robert Simels, and his assistant Arianne Irving.
Clarke was given temporary stay in the United States along with members of his immediate family.
He will however have to report to US Immigration authorities on a regular basis until the determination of his status is finalised.
Clarke had surrendered to US authorities after learning about an indictment against him.
He co-operated with agents tracking the smuggling of drugs from Guyana into the United States and later agreed to testify against Roger Khan.
The former army officer, who was dressed in a blue sweater covered by a prison suit, appeared calm and composed throughout the hearing in an empty courtroom, except for the presence of court personnel, media representatives from Guyana and two female members of Clarke’s family.
In a stirring statement of remorse, Clarke impressed the judge and it became clear at that time that he would have received a favourable sentence.
Judge Dearie described Clarke as a ‘remarkable kid’ and requested to see his memoirs if and when they are written.
Before imposing the sentence, both the prosecution and defence were given an opportunity to address the court.
Clarke’s attorney, Gary Schhoer, told the court that his client’s background prior to his criminal activity was admirable.
The attorney said that it was Clarke’s own decision to surrender to US authorities, a decision that has affected the lives of his wife and children.
“Since he has been incarcerated in the US he has been co-operating, placing himself in further danger with regards to the other things that have occurred in this courthouse,” Schhoer said, referring specifically to the Simels witness tampering case.
He argued that it is for this reason that Clarke should receive a sentence reflective of the time he has already served in US custody.
US prosecutor Shannon Jones concurred with the defence attorney.
“It is quite remarkable that he chose to surrender when he knew he was indicted. Had he not done so it is quite possible that he would have remained at large. It is almost impossible to extradite people from Guyana,” the prosecutor stated.
US authorities have been experiencing difficulties securing the extradition of suspects from Guyana causing them to resort to the process of rendition, in which a person is arrested in any other jurisdiction and landed in America to face charges.
Clarke was the officer in command of GDF forces in Buxton during ‘Operation Tourniquet’ and was accused of aiding and abetting criminal elements who were hiding out in the village. In fact, President Bharrat Jagdeo had stated that he had evidence that supported this allegation.
The former Army Major was overlooked for promotion and was recalled from an overseas scholarship following reports of his links to criminal elements.
In his address to the court, Clarke expressed his apology for the negative effects his offences had on the United States of America and his family.
He noted that during his period of incarceration he had learnt to value the simple things of life and not to squander them.
“I thank the US government for despite my offence they have gracefully protected myself and family from the jaws of death,” Clarke said.
“I apologise to my family who suffered through my anti social behaviour. I hope my children will not have to suffer the same indignity,” the former Army Major said in a well delivered address.
His presentation to the court prompted Judge Dearie to remark, “I can’t begin to understand how somebody with your history got into this situation. I hope that your sentiments are genuine.”
He noted that Clarke had placed his professional career in jeopardy.
He then imposed the sentence on Clarke and ordered an additional five years of supervision.
As he was being escorted from the courtroom, Clarke looked around and gave thumbs up to the two family members before he was taken away by court marshals.

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Former GDF Major walks free after time served

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