BVI News

Delays by US Prosecution humbug Fahie’s trial

Former Premier Andrew Fahie

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.

Shares

Copyright 2024 BVI News, Media Expressions Limited. All Rights Reserved. This material may not be published, broadcast, rewritten or distributed.

22 Comments

Disclaimer: BVI News and its affiliated companies are not responsible for the content of comments posted or for anything arising out of use of the comments below or other interaction among the users.

  1. Cooked Goose says:

    Stick a fork in!

    Like 5
    Dislike 2
  2. Old proverb says:

    When you digging hole for other people you must always dig two.

    Like 11
    Dislike 2
  3. Smh says:

    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.

    Like 28
    Dislike 5
  4. @Smh says:

    @Smh Just remember he showed no mercy for us.

    Like 20
    Dislike 3
  5. Jason Bourne says:

    ‘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.

    Like 11
    Dislike 1
  6. Judas says:

    Look how the guvernar betray the headcoach

    Like 7
    Dislike 23
  7. @Jason Bourne says:

    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!

    Like 5
    Dislike 7
  8. Hmmmm says:

    I told all of you let’s wait and see on this one.

    Like 4
    Dislike 1
  9. @cooked goose says:

    Not so fast. Time will tell.

    Like 3
    Dislike 4
  10. Clearly says:

    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.

    Like 7
    Dislike 26
  11. East woman says:

    Hang in there Fahie. We are praying for you.

    Like 6
    Dislike 26
  12. NDP Supporter says:

    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.

    Like 7
    Dislike 2
  13. Good says:

    This female lawyer of Fahie seems to be a good intelligent lawyer.

    Like 7
    Dislike 3
  14. foy please says:

    Dont do like JJ by delaying delaying

  15. rastarite says:

    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!

    Like 12
    Dislike 7
  16. Anonymous says:

    TYPICAL BLACK PEOPLE WE LIKE TO PULL DOWN EACH OTHER

    Like 9
    Dislike 6
  17. Ñot nice says:

    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

    Like 3
    Dislike 4
  18. No name says:

    @ foy please

    And he was found not guilty

  19. Gadaman. says:

    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.

  20. Whoop says:

    If the documents aren’t going to be ready until November 2023,
    how can they have a trial next March?

  21. Wrong says:

    Surely unless only one person knows
    something, no information is confidential.
    If the prosecutor knows the person’s name,
    it is no longer confidential.

  22. FFresh says:

    This New site is ran by an racist …

Leave a Comment

Shares