Fahie does not intend to use ‘entrapment defence’ at trial
Former premier Andrew Fahie and his legal team have argued that there will be no attempts at making an entrapment defence when his trial comes up next month.
Prosecutors had filed a motion to block Fahie’s use of the entrapment defence, which is used when an accused person claims they never would have committed a crime if law enforcement officers had not persuaded or lured them into doing so.
But in filing a response to that motion, Fahie’s attorney, Theresa Van Vliet, stated: “Without waiving any other defence available to the defendant, including any elements of entrapment that may support a separate defence, the Defence [team] does not currently intend to raise the entrapment defence at trial,” Fahie’s attorney said in a recent motion.
However, Fahie’s attorney requested that the Prosecution’s motion to preclude the entrapment defence be denied without prejudice, arguing that it may want to change tactics if something changes at a later time.
Similarly, Van Vliet requested that the Prosecution’s motion to preclude cross-examination into sensitive investigative techniques be denied without prejudice.
The Prosecution had argued that the defence should not question any government witness regarding the specific recording devices used in the case nor how such devices were secreted on its confidential source or any undercover agent.
The Prosecution contended that arguments over the device’s location could potentially jeopardise sensitive law enforcement techniques and held no relevance to the content of the damning recordings Fahie is alleged to have been caught on.
The former Premier will be tried for drug smuggling, money laundering and racketeering when his trial begins on January 8, 2024, and could be sentenced to life imprisonment if convicted on the charges against him.
The charges allege that Fahie and others were deeply involved in an elaborate drug and money laundering scheme, which was set up to make the BVI’s waters a thoroughfare for tonnes of cocaine shipments.
His co-accused Kadeem Maynard has already been sentenced to 57 months in prison after pleading guilty earlier this year to a single count of conspiracy to import cocaine.
Maynard’s mother, former Managing Director of the BVI Ports Authority Oleanvine Pickering Maynard, also pleaded guilty to the same charge in a separate plea agreement and is expected to be the Prosecution’s main witness.
Her sentencing has been set for January 18 — just 10 days after Fahie’s trial commences.
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Don’t mind the noise. The common man understands what really happened here. Their day will come.
Tattoo they coming run
They are hiding behind another country, but they will be exposed.
by your own mouth, you have allegedly “been involved in this type of criminal activity for 15-20 years.”
I’ve said before and I will repeat. Head Coach is in a very bad place. I don’t see an acquittal here. Rather, I see a conviction on all counts and a significant prison term.
I cannot see a successful defense with all the reported evidence the prosecution has on him including reportedly his own words on recordings stating he has been in that illicit business for 15 to 20 years.
The more I have read about this case, the more I find myself becoming angry at Head Coach. I feel he pulled the wool over a lot of peoples head, and let down many people and this country.
Those alleged recordings demonstrates consciousness of thought and active planning to do exactly what is being alleged imo.
Based on what he allegedly said on those tapes, he imo was just a sheep in wools clothing. All the talk about God and praying were all one big lie and a conscious scheme to hide ones true self and character.
Frankly the word crook comes to mind. Even his co-accrued former Port’s Director, reportedly described his as a “little crooked sometime”. In my view, you are either a crook or you are not. There is no little crookish for me. A crook is a crook.
It’s quite disappointing reading this stuff, and I have come to the conclusion that everyone involved , from head to toe, needs to be held accountable for their actions.
Whatever they get they get. They have brought shame and disrepute to this country and that is almost unforgivable in my view.
I always had suspicion about his hiring private body guards as oppose to using the RVIPF as needed for security. Suspicious because no former Chief Minister or Premier had hired private security before to my knowledge.
I asked myself back then why he needed private security guards when it was first reported in the news. Now, we know why.
Time is longer than twine.
When you are involved in shady business dealings whereby your life could be on the line, it makes sense I guess to hire some protection.
Only the blind will lead the blind. At least you confessed that you cannot see a successful defense but it is not for you to decide when ALL the evidence is presented.
You don’t have to build a case of entrapment when it is obvious the motive of the case from inception dummy. There were no real drugs, but DEA money involved so how did the undercover agent clear those funds that he brought in or was it given by local police authorized by the then Gov. Gus?
Who care how they executed their motive? The fact is they did what they did under what law in the VI? We already know it’s illegal in the USA so why present a motion to block if you know what your intentions were?
This is a movie in the making. Lights, camera, action! Oh pop corn!
@One blind mouse. Its clear you are really blind. I’m no miracle maker, but lets’ see if I can help to improve your vision.
You need to be familiar with what a conspiracy to import drug charge means. The prosecutors have evidence allegedly to prove that inclusive of having two of the three co-conspirators in their pockets.
As I said, it’s difficult to argue you were entrapped when you were allegedly recorded stating this was not your first rodeo and has been in the game for 15-20 years.
Were they entrapped for all those 15-20 years prior to being caught? Please pick sense out of nonsense.
At the end of the day, it will be Head Coach’s own recorded words and his actions along with testimony from his co-accused that will seal his faith.
Again, whatever defense he has, with what the other side has, I don’t think his legal team can overcome the physicals evidence. There is no way to explain it that makes sense and will earn him a non guilty verdict imo.
I know this is hard to hear for his family and supporters, and it’s best they don’t read this stuff for their own well being, but my prediction is a conviction with 14 to 20 years short of a last minute plea deal prior to trial.
I could be wrong, of course, but I believe a plea deal will be struck at the last minute. This way, it will be just his sentencing.
Has anyone let their mind wonder to where (if there is a trial) Head Coach sitting in the courtroom and listening to Maynard detail his/their runnings?
Although she’ll be vigorously cross-examined by his attorney, she can’t at that stage change what she’s already given the authorities in exchange for her plea deal. The authorities have already seen to that.
I’m thinking that this is a very stressful time for her as well. If I was a betting person, I would wager that she’s praying for him to cut a deal and spare both of them that experience that is to make history no matter the outcome.
Standing by for what’s to come.
@Estella. I am certain his attorney has already laid out his defense options including the possibility of a conviction and the possible penalties.
I am also certain that the possibility of a plea deal is still probably being discussed at this moment, and perhaps will be right up to trial.
Clearly he has opted to roll the dice and go to trial which he is entitled to.
It’s going to very difficult for all of them to have to turn on each other no doubt, but this is the card they they chosen based on their own alleged actions.
Thus, it’s saving your behind time. Ever man for him/herself. Blank your feelings (not you).
There is no honor among thieves
@ It’s hard to argue entrapment, when..
You seem to be privy to all of the audio/video material that they would have collected on Andrew Fahie hence your conclusion that he will be found guilty. Now I am no big fan of Andrew but your assertion that the case is slam shut without hearing/seeing all of the evidence is a bit premature if you ask me.
I am sure you would have heard about Jurisdiction whereby the incriminating part of the evidence could have taken place outside of the USA. Remember we are dealing with a cross border case where evidence was collected in the BVI and in the USA. What if the incriminating part of the evidence took place in the BVI?
Secondly it was alleged that 20k would have been given up front in the BVI was that declared in the USA or the BVI? If not can it be admissible?
Thirdly it is a jury trial and it must be unanimous so all it takes is one juror to sway his way. The growing distrust of the Government and its processes and over-reaching does not help. Florida is Trump country need I say more? Beyond reasonable doubt?
Finally I agree that entrapment is not a defense in this case if it is true that he is on record of saying that he has been in this before.
I believe we need to let this play out and stop being armchair lawyers without being privy to all the facts of the case. I don’t think he will plea so we will have plenty of time to examine the evidence come January.
@ Tongue Fu. Ive said what I said and stand by it. Surely, there will be a back and forth between the defense and the prosecutors relative to admissible evidence. Whatever the international legal issues relative to evidence are will also be sorted.
Ive stated on this forum before that the best Head Coach can hope for is a hung jury which will be a win depending on the actual verdict count and whether or not the prosecution retries in the event of a hung jury.
Nevertheless, the more I have read on this case, my conclusion remains the same. I see a conviction, and that’s my opinion until proven otherwise.
This is not a game of who is right or wrong here for me. His freedom hangs in the balance; not mines. I have no skin in the game either way. Just calling it like I see it in the same vein you see it differently.
January is right around the corner. We will all know how this shakes out in short time, and whose perceptions/analysis of the pending case was more accurate.
Lets chat again after the case. If it turns our my assessment was incorrect, Ill eat humble pie and will admit I was incorrect about my analysis and prediction on this forum. Deal?
Evidence allegedly collected was not just unique to the BVI. Don’t forget these people went to a plane in Opa Locka Florida to inspect what they believed to be their proceeds from their alleged deal.
Even if they throw out all the evidence from the BVI, how do they explain to a jury why they left their hotel in Florida to allegedly inspect that money on that plane?
Look..he blanked himself. Face it. He got caught. If he has any ounce of sense left imo he would cop a plea before he gets convicted and put away for decades.
Pride goes before the fall.
The guilty former BVI Port Authority commissioner was sentenced to 10 years not 57 months. Her sentence is for 57 months of incarceration(reduced from 60 for 3 months of time served) AND 60 months of restricted parole in south Florida. She will not be able to return to the BVI until the end of 2033.
You can sing all the entrapment you want / that s**t ain’t going to paint a picture of innocence , what comes out of the man’s mouth will be his own down fall , he snitched on himself / he set up Himself and a word from CSC – HE FRIGGED HIMSELF ■ and to U , BLONDIE YOUR WIG IS PLAYING TRICKS ON YOUR MIND / U AINT NO ATTORNEY , A WANNABE , MAYBE
Blonde should not be in our house.
I wonder about all those in D1 who he openly befriended and was always in line for free and gimmee…homes,water truck,car, murder,money laundering, drug etc knowing full well he was a crook.. the worse,..and lawd he could lie..all yo just as bad as Andrew and he is as bad as it gets.
He brought tears to my eyes when I ask him for so much needed help to relieve my pain which he never give but I see young neighbor neighbor and dem with brand new house and repair
house,car,money ,no hesitate for them
to say how Andrew does gjve them whatever they request and what he see they need. I still porr. House still leaking but I know my conscience in contributing to his fall is clear.
Tattoo…
His time is coming .
Has he participated in murder drugs everything and Andrew supported him in every c wa?
Preacher Aunties grannies mudda..,a bunch of oogly devil and demons of all ages in one location.
A life sentence is appropriate.
The Premier !!!!!
The effect on the Country its reputation v people while in and out of Office.
His direct / indirect participation and knowledge actions in murders and lifetime suffering of families.
All I can think of is seeing the picture of Andrew falling down on his knees with hands up in the air praying for God’s blessings…. I just can’t with such wickedness…….
can sing any sh*t he wants , this ain’t Hollywood so he better make sure he flush the toilet and wash your hands properly / same goes for your wig
Dealing with the facts that we know. The accused is on tape confessing to be in the business of Drug and Gun running and that this is not his first time. Thats why the defense with drew the entrapment defence.. He is no some innocent church going gentleman that was approached with corrupt intent. He is being in tbe business. Still can’t understand why the defense not trying to get a plea deal.. Unless neither the prosecutor or accused interested in it. Thats seem to be the best way out.
She will be the center of attention and who they will try to discredit. They will turn her into a hostile witness. This will be an interesting case as names are being called. Once convicted, the US will be coming for those called names. Look out!
Why all the funny symbols on the trash dumpsters?
Some dumb ba** probably painting up the place for no actual reason similar to the cats, sun, colored cloth and all the other paintings signs & symbols.
Now we can all wonder about spells and speculate about witches or gangs & get all spooked about it like they want us to do.
Since Head Coach will not be using the ‘entrapment’ defense perhaps he will claim that he was actually conducting his own sting operation.
This man will be making license plates for a looong time!
Planning on using the evidence of his buddy? Another lair and money hungry. How that person know what the plan was
And which other authority knew of this plan. They will twist and twist until they all get caught up.
Last minute plea deal is most likely outcome on January 8, 2024.
Fahie has no defence.