BVI News

Court shouldn’t see Fahie’s private WhatsApp chats — Attorney

Theresa Van Vliet, the attorney representing former premier Andrew Fahie, has contended that the court should not hear evidence about WhatsApp chats extracted from Fahie’s cell phone when his trial gets underway.

Van Vliet filed another pretrial motion before the court, arguing that much of the content extracted from Fahie’s phone — which the prosecution intends to present at his trial — is either irrelevant, excessively prejudicial, or both. As such, the attorney says some evidence should be deemed inadmissible or limited in its use at trial.

Fahie is charged with several counts of drug smuggling, money laundering and racketeering before a Miami court and is facing possible life imprisonment if convicted.

Among other things, the defence attorney argued that some of the evidence is very personal, including messages between Fahie and his banker and contractor concerning details about a house he was constructing when he was arrested in April 2022.

According to the attorney’s motion, “Introduction into evidence, and consequently into the public record, of Mr Fahie’s phone itself and a full extraction of everything on it is unnecessary, burdens the record with an enormous amount of data that is wholly irrelevant to this case, and is replete with personal information, to include matters relating to the health treatment of Mr Fahie’s family members.”

She further objected on the basis that some of the communications made by Fahie were done in the official course of his duties as Premier of the Virgin Islands, which she contended are completely unrelated to his case.

According to the attorney, some of the evidence prosecutors intend to present also contains telephone numbers of individuals or entities completely unrelated to the trial and should therefore be excluded from evidence.

Fahie’s trial was recently reset to begin next Monday, January 29 but may now be pushed back even further with the filing of his attorney’s latest motion. The former Premier remains confined, in the meantime, to his daughters’ home in Miami, Florida as part of his $1 million bond conditions until that time.

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34 Comments

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  1. Senegal man says:

    Why Fahie don’t want those text messages public? I could only wonder what is inside some of those things. God reveal everything!!

    Like 31
    Dislike 9
  2. perfect says:

    I said it whn it happened , he just wanted the $500k to finish off his house!

    Like 8
    Dislike 6
  3. Mad Max says:

    So she doesn’t want any “excessively prejudicial” messages disclosed? Presumably these are the ones where he is discussing illegal activities. Why would these not be admissible?

    Like 28
    Dislike 5
    • Speculating says:

      @MadMax
      Illegal, or telling the contractor, “I know I owe you money, but I’m coming home soon with cash.”! Which would defeat any argument about turning the money in and having the guy arrested.

      Like 26
      Dislike 1
  4. BVI says:

    Fahie lawyer is the hold up on this case she is trying everything to hopefully win this case but in the end she will lose. The longer she plays these games the more money she makes.

    Like 41
    Dislike 6
    • El Demonio Negro says:

      How you know yuh modda stink mouth and hole tell you?

      Like 2
      Dislike 15
      • well says:

        Well aren’t you just an angry little man.

        But why are you so angry?

        Is it because all the holes are evident in this BS of a defense mechanism?

        Let everyone that have eyes – See!

        • Free Speech says:

          I angry because all you Brits allover this page and case blogging putrid hate waiting to satisfy your lust for Black powerful people blood.

          They the muzungu migrants and those abroad dominates both BVI News and the Yellow site with thier hidden racist mind.

          They are still accusing the deceased as being alive and posting comments. What a twisted mind waling earth.

          It is a fact today, that this site intensey montors all comments and block, more often than not, comments that questions the actions, thoughts and behaviors of European and UK idividuals.

          It isa practice that offends the basic human rights that all are born with, “free speech.”

          Like 1
          Dislike 10
    • Hum says:

      Is she getting paid with drugs money?

  5. SMH says:

    Who would want their Whatsapp chats made public? Nobody! The only chats that should be made public are those relevant to the case, nothing else. Whether or not he committed a crime, he has a right to his privacy. Only information related to the case for which he is on trial, should be admissible and made public as a result. If they somehow leaked all of his chats, many of you would be surprised as to whose names you would see in there and the details of their conversation. I am assuming that quite a few people are suffering from belly pains and headaches right about now.

    Like 27
    Dislike 4
  6. Gov Phone? says:

    Seems like if this was a government phone (ie: the BVI Gov paid the bill), then it’s all in the public domain. He should have used a *personal* phone for *personal* business.

    Like 21
    Dislike 1
  7. @Smh says:

    I am total agreement with you in a society in particular the BVI where some of are EVIL and quick to prejudge and malign each other it is necessary.

    Like 5
    Dislike 2
  8. ... says:

    sad fact I feel this man going get some of these man here that wanted by the U.S. and cant go back the U.S throw in for a deal..

    blackaa snitch papers under seal that mean he talk allll so looking out for plays coming to the bvi soon

    Like 7
    Dislike 1
  9. @ BVI says:

    I SHARE THE SAME THOUGHTS ALSO/ WITH SO MUCH THEATRICS IN THESE KINDS OF CASES / EMWE HAVE TO EXPEXT ANYTHING & EVERYTHING , SHE COULD BE A DOUBLE AGENT PROLONGING THE TRIAL WILL MAKE HER RICHER / AND IT WILL EXPOSE THE SOURCE WHERE THE MONEY IS COMING FROM TO DEFEND HIM AND WITH ALL THE SOPHISTICATED TECHNOLOGY THAT IS AVAILABLE THEY CAN BE TRACED , WE GOT TO UNDERSTAND THIS ISN’T ABOUT HIM ALONE / HE WAS A BIG FISH DOWN HERE AT ONE TIME , WHEN ALL THE SMALL FRYS WERE GETTING CAUGHT / HE THOUGHT HE WAS UNTOUCHABLE/ HE HAS LEARNT OTHERWISE SINCE THEN / AND SNITCHING ON THE WRONG PEOPLE IS LIKE A DEATH WISH FOR HIM AND FAMILY / THE BARGES WAS ONE OF THE THINGS THAT FORCED HIM TO SHOW HIS HAND TO DEFEND THE PEOPLE’S PROPERTY AND THE LAME EXCUSE THAT WAS USED TO REFUSE THE ROYAL NAVY SHOWED COMMON SENSE WAS ABSENT FOR AN INTELLIGENT MAN LIKE HIM / THE FEDS ARE WAITING ON THE CANARY ON THE YELLO SITE TO COME UP AND * FREE THE DREW* AS HE KEEPS HOLLERING OUT DOWN HERE EVERYDAY & NIGHT

    Like 5
    Dislike 2
  10. We need it back says:

    That is the BVI government phone

    Like 7
    Dislike 1
  11. Toddy says:

    Fahie’s lawyer is working for her money. Remember, this lady is a Prosecutor and also a Defense attorney. She knows full well that the Prosecution is only interested in the evidence that is beneficial to their case against Fahie. Irrelevant information contained in his WhatsApp can be easily redacted.

    This lady said that the Prosecution is filing ‘eleventh hour’ motions, but she is no different. As stated above, I really won’t be surprised if Fahie’s trial date is moved again from January 29th.

    Meantime, Maynard is in limbo, wondering when it will be her turn to spill the goods on her ex-boss. Of course, any delay in his trial automatically creates a delay in her sentencing. It must be tough for her.

    Like 3
    Dislike 1
  12. Hustle says:

    Seems to me his Atty is grasping at every straw effecting weekly postponements and keeping him out of the US jailhouse as long as possible … I surmise that her reason is that she expects him to be locked away on the US mainland for a very very long time possibly his lifetime.
    These last minute petty nonsense that are no big deal either way,is simply stalling racking up her multi million dollars bills.

    • @Hustle says:

      Her reason for extending is to get her billable hours up. Apparently she feels there is still some money to be earned from this case that can’t be won.

  13. Slick back says:

    Let us see which public officials get their names called in these correspondence. They all hear encrypted end to end and felt this would provide cover for illicit activity.

    Like 11
    Dislike 1
  14. @... says:

    Blakka is a wannabe gangsta, he didn’t know S**T! He was used as a pawn in this game, that boy was never a G, just a big mopey wannabe!

    Like 5
    Dislike 1
  15. Huh? says:

    Any messages pertaining to the crime are relevant and admissible. Obviously the ones that do not relate to it are not and should not be disclosed. Seems like the defence are now the ones running around like a headless chicken.

  16. Vodo says:

    He is waiting out for more life to go so his vodo can work he believes in blood shed

    Like 1
    Dislike 1
  17. W says:

    West bank boss and yo killer green light boss the 6

    • DEA Plan. says:

      Bring every single one to justice, or at least let the world know who they are and how corrupt this little once very rich nation are / were and where all the richest gone.

      Like 2
      Dislike 2
  18. APPEAL TIME says:

    … He might as well save some of this money for the appeal. The messages will show his “character”. This case is kinda fun it’s givin OJ without the murder n wat not. Who knows what’s gonna happen kinda thrilling lol

  19. SMH says:

    So I have a question. Why didn’t the other other online new site did not carry this story? inquiring minds needs to know.

  20. Why not? says:

    The laws says if you have sufficient reasons to believe than an electronic communication equipment is involved in the commission of a crime, the judge / magistrate should grant a search warrant to collect and perused such equipment..If a warrant was granted then its all legal..

  21. Gov Phone? says:

    If this phone is paid for by the BVI government, everything on it should be public. He should have kept personal chit chat on a private phone.

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