Delays by US Prosecution humbug Fahie’s trial
Prosecutorial delays were among the main issues outlined in a request by former Premier Andrew Fahie’s legal team to reset his trial date from January 2023 to May of next year.
Fahie’s attorney, Theresa Van Vliet told a Miami court in a filing yesterday that prosecutors have still not disclosed pages of transcripts taken from ‘voluminous recordings’ on Fahie’s electronic devices seized months ago during his arrest.
Fahie was nabbed after he allegedly conspired with former BVI Ports Director Oleanvine Maynard and her son, Kadeem Maynard and agreed to allow large amounts of cocaine to pass through the BVI’s ports as part of a multimillion-dollar deal he made with a drug trafficker who was secretly an informant for the US Drug Enforcement Administration (DEA).
The lengthy delays mean that Fahie will likely remain waiting more than one year for his trial to begin, following his arrest at a Miami-Opa Locka Airport at the end of April this year.
Van Vliet pointed out that although most files were disclosed to her legal team in June, a forensic image of Fahie’s phone was not provided in the initial tranche of documents sent to the defence team because prosecutors had experienced technical difficulties in doing so.
Regarding the transcripts from the audio recordings, the attorney said she consulted with Assistant US attorney, Shane Butland, who advised that he anticipated that the government (prosecution) would have its draft transcripts completed by the end of the November.
But she noted that, even though the prosecution has been providing initial drafts of transcripts since that time, they are not yet complete or even in final draft stages. “It is unlikely that the process will be completed by the end of November 2023 (sic),” the filing noted.
Confidential source
In the meantime, Van Vliet raised several concerns regarding the prosecution’s confidential source mentioned in Fahie’s initial affidavit.
The attorney noted that an initial review of the multi-terabyte quantity of materials produced by the prosecutors revealed that there was no production of information regarding the confidential source used in the case. This is despite allegations about payment received by the confidential source.
In August, prosecutors moved for a protective order relating to the identity of the confidential source. But Van Vliet said even though Fahie initially objected to this, the objection was later withdrawn with the condition that it could be raised again at a later date, if warranted.
The attorney further noted that the government declined an October request to disclose the identity of the confidential informant or other relevant information requested.
Owing to the prosecution’s refusal to confirm or refute the identity of the confidential source, Van Vliet promised to take the matter to court and anticipated filing subsequent ‘substantive motions with constitutional underpinnings’ upon verification of the confidential informant’s identity.
Superseding indictment
The defence lawyer also pointed to the superseding racketeering indictment that was added weeks ago as part of Fahie’s matter and said there was insufficient time to prepare for a case in early January as set by the court.
She explained that the time left before a January trial date was also inadequate to address any pretrial filings before the prosecution completes its discovery obligations and also before the court considers and rules on anticipated motions relating to the identity of the confidential informant.
“In light of the foregoing, Mr Fahie requests that the court continue the presently-set trial date and reset this matter no sooner than May 8, 2023 and further that it reset all currently set pretrial deadlines,” Van Vliet wrote. She further noted that the extension request was not objected to by prosecutors or Fahie’s co-defendants.
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Stick a fork in!
When you digging hole for other people you must always dig two.
You were warned to stop spreading lies about corruption to get a political advantage. Now you have gotten caught up in corruption of your own making and have caused the UK to come looking for this corruption and have the country in a choke hold. You are mainly responsible for where this country finds itself now. However you are human and I still pray to God to have mercy on your soul.
@Smh Just remember he showed no mercy for us.
‘the identity of a confidential source’ is an oxymoronic statement. When the source’s identity is revealed in court then the source is no longer confidential.
Look how the guvernar betray the headcoach
That’s what I thought. If the feds or whoever investigating can confirm that they have identified and verified the confidential source, would that not suffice? Else, there might be lots of dead or missing confidential informants, no? I suppose the defence wants to cross examine and challenge the reliability/bad character of the confidential person. Interesting to see how this point is dealt with. Plot twist if the confidential turns out to be none other than the police comm. or the gov. (past or present). Look at Netflix Series!
I told all of you let’s wait and see on this one.
Not so fast. Time will tell.
Clearly this newssite continues with their foreign allies to try to get at fahie and pronounce his guilty before he gets a chance to defend himself. But this news site was never a fan of fahie no matter what good he did. We know who pulls your strings.
Hang in there Fahie. We are praying for you.
I am NDP Supporter but there seems to be a well organized media blitz at fahie to take him out before he gets due process in court. This is organized by a higher power and it makes you wonder why. I am convinced that there is more than meets the eye with those behind the scenes doing this but they cannot hide forever.
This female lawyer of Fahie seems to be a good intelligent lawyer.
Dont do like JJ by delaying delaying
Fahie fat and happy in a nice apartment in Miami. He’s in no rush for trial and a potential 40 year sentence. Have a nice family Xmas – it could be your last!
TYPICAL BLACK PEOPLE WE LIKE TO PULL DOWN EACH OTHER
So true black people like to pull down reach other but You don’t gave up fahie keep the faith and don’t stop pray
@ foy please
And he was found not guilty
And this folks is why you should only do business with folks you have dirt on as well.They might have to let old boy walk on this one.
If the documents aren’t going to be ready until November 2023,
how can they have a trial next March?
Surely unless only one person knows
something, no information is confidential.
If the prosecutor knows the person’s name,
it is no longer confidential.
This New site is ran by an racist …