Fahie can remain silent, attorney says
As the trial of former Premier Andrew Fahie inches closer, his lawyer, Theresa Van Vliet, has issued a warning to potential jurors, reminding them of Fahie’s right to remain silent.
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 on the charges brought against him by the United States government.
Prosecutors allege that the former Premier was part of a drug and money laundering scheme set up to traffic tonnes of cocaine through the BVI.
In her proposed jury instructions shared with the court recently, Van Vliet underscored the principle that Fahie is under no obligation to present evidence or testify. The jury was instructed not to interpret Fahie’s potential silence as an indication of guilt.
Van Vliet emphasised that it is the Prosecution’s burden to prove guilt beyond a reasonable doubt, pointing out that this is a fundamental tenet of criminal justice.
The nature of evidence, both direct and indirect, is another focal point of the instructions and jurors were cautioned against considering lawyers’ statements, questions, or objections as evidence.
Juror conduct was also a key component of the instructions and the attorney pointed out that jurors are strictly prohibited from discussing the case, conducting independent research, or visiting relevant locations mentioned during the trial.
Maynard’s guilt doesn’t mean Fahie is guilty
Meanwhile, the attorney cautioned the jury about Fahie’s co-accused Oleanvine Maynard and her role in the trial as the Prosecution’s star witness.
“You must consider some witnesses’ testimony with more caution than others,” Van Vliet urged. “In this case, the government has made a plea agreement with codefendant Oleanvine Maynard in exchange for her testimony.”
She argued that such “plea bargaining,” as it’s called, provides for the possibility of a lesser sentence than Maynard would ordinarily face. Van Vliet told jurors that plea bargaining is lawful and proper, and pointed out that the rules of this court expressly provide for it.
Van Vliet cautioned that a witness who hopes to gain more favourable treatment may have a reason to make a false statement to strike a good bargain with the government. “So while a witness of that kind may be entirely truthful when testifying, you should consider that testimony with more caution than the testimony of other witnesses,” she stated.
Fahie’s attorney added that the fact that a witness has pleaded guilty to an offence isn’t evidence of the guilt of any other person.
Maynard’s son, Kadeem Maynard, was recently sentenced to 57 months in prison after he took a plea agreement from prosecutors for his role in the drug and money laundering scheme.
Fahie is currently confined to his daughters’ home in Miami, Florida as part of his $1 million bond conditions.
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They need to investigate where the funds came from to buy that house and take appropriate action
The jury instruction is standard even when a defendant does testify.
All behind this in BVI hiding behind the US time will come.
What about the testimony of the undercover agent. A sworn government official’s testimony will be automatically substantiated. How will he negate tapes? The lawyer is good but just needs to have an answer for the ducks the have lined up. Does the lawyer have access to the recordings? This is actually getting intriguing.
the perfect defense is already lined up, and has been stated for all to read. The lady told Maynard that Fahie intended to arrest the person on arrival into the BVI with the money and the drugs, he was going to keep the money for himself, in that there is no doubt, the doubt will be put in place and its reasonable to assume he would of arrested the person, got a great drugs bust, been a BVI hero but it just didn’t fall into place.
Reasonable doubt?…….perhaps enough
Take some seats. So Maynard and her son getting their tone and he was setting them up to get kicked up. Why the US didn’t know about this? BVI doing sting operation in US without US involvement. Whoaaaaa. Who is this R.S. person?
I called this from day 1. This is not a slam dunk case.
So he leader of a country conducted a drug sting, without police, or customs, or informing the National Security council, or the the US government, who’s soil he went on to “trick the CI”
Yall love make BVI people look like m@@m@@ huh? I tired of having people ask me what we smoke over here.
It can be said that everything on video and on tape with Fahie was part of him leading the undercover cop into a trap to be arrested in the bvi. If law enforcement can pretend to be crooked to fight crime then so can he.
This trial – WHO CARES!
It’s quite normal not to have a defendant testify in his/her own criminal trial.
In fact, it’s considered legal malpractice in some quarters to put your client on the stand unless of course it becomes necessary.
A defendant being placed on the stand comes with cross examination by the prosecutors and they will have a field day.
The burden of proof is on the prosecution. They brought the case; they have the burden to prove it.
As for the testimony of the former Ports Director, surely, the defense will have a go with her and try to discredit her every step of the way.
Anyone know if we can stream this live????
she probably praying he keeps quiet. She knows whenever he moves his lips its just more lies
Yeah, we def want to follow this live.
so fahie was setting up a sting in the US to catch US citizens who claim they were going to bring drugs and money to the BVI.. but only he knew about the Sting.. lol just trying to get this right.. who gave the go ahead to “sting operation Fahie”?
Even if Head Coach’s lawyer didn’t explain to the jurors, then the court would have had a duty to warn them about drawing Adverse Inferences’ because he opted not to take the stand.
I’m still waiting with baited breath for the outcome. Still thinking Head Coach might be plea dealing and avoiding the trial altogether.
The lady (Theresa van vliet ) is going to walk away with a lot of easy money / whether it’s drug money or not
Not my first rodeo. He said.
And they already knew that. Which is why they pulled the sting. And they probably have evidence of such previous instances.
Including phone calls and messages.
He better hope the Uchawi works
If Fat Andy was setting up his own sting then wouldn’t he be obligated to report the initial payment given to him?
He’s pissing into the wind with that one!
Isn’t it the judge who is meant to give those directions to the jury. Anyhow, the trial days should be declared as public holidays so that the nation can tune in and follow along to this hiatoric occasion. I just want to know who the government official is. That defence about setting up the DEA makes every single one of the prosecution’s evidence look weak. Fahie said he wanted the pretend cartel contact to follow him to st Martin so he could pay the Senegal man. If they find the actual booking for the flight to st martin or the itinerary, I do not know a single reason why the jury would have any doubt that fahie is lying. Remember, all he has to do is create a reasonable doubt. He’s good but not that good…there’s always a loophole.
Let’s start from the very beginning. Who was the US undercover investigating to begin with? The Lebanese, remember? Then they pointed the US undercover to Fahey…
Fahie wanted to have the white drug peddler busted in the BVI Infront of COI one man stinkinbottom. Paving the way for independence for BVI from colonial domination.
Boi you should of been a CALYPSONIAN AND the BUZZARD would of been a impressive name for you and your over grown EGO