BVI News

Fahie files for release from US custody citing diplomatic immunity

Premier Andrew Fahie

Disgraced Premier Andrew Fahie has requested immediate release from United States detention claiming diplomatic immunity.

A representative from the United States District Court, Southern District of Florida confirmed with our news team that Fahie, accused of drug trafficking and money laundering, filed a “Notice of Invocation of Immunity” earlier today at federal court in Miami.

A copy of the document, which was seen by or news centre, read: “Defendant, The Honourable Andrew A. Fahie, (Hon A. Fahie) Premier of the Virgin Islands, hereby notices his invocation of all rights of and to immunity under international and domestic law, as the duly elected and sitting head of government of the Virgin Islands, a British Overseas Territory, including but not limited to immunity from arrest and detention, entitling him to immediate and unconditional release from detention by the United States”.

The court clerk said he could not confirm whether the invocation of immunity was accepted by the judge since it was filed a short time ago.

The document was filed by his lawyer Theresa Van Vliet of Genovese Joblove & Battista law firm.

Fahie has been in US Custody since April 28. He was arrested at Miami-Opa Locke Executive Airport after being criminally charged with one count of conspiracy to import five kilos or more of cocaine and one count of conspiracy to launder money.

He was arrested along with Managing Director of the Ports Authority Oleanvine Maynard and her son Kadeem Maynard who was detained in the US Virgin Islands.

Fahie is expected back in court for a bail hearing in the coming days.

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89 Comments

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  1. Interesting! says:

    HE has not intention to resign…they will have to take his title away….we shall see drama….He still feels that he is the leader

    Like 91
    Dislike 2
    • Read Full Article says:

      “A diplomat’s willingness to engage in corruption “was an indication of their home country’s norms or culture rather than their own personal values,” the study concluded.

      https://nypost.com/2022/01/15/how-diplomatic-immunity-lets-envoys-get-away-with-crazy-crimes/amp/

      Like 17
      Dislike 2
    • Popeye says:

      “Leader” Leader of the Bvi drug cartel?

      Like 31
      Dislike 1
    • Tell me says:

      Plz tell me why he still has that passport not for too long ask doggy for his own and his alleged crime was not as bad

      Like 4
      Dislike 1
    • Repent and OBEY says:

      It have a handful of people with that stupid talk about free the Drew that need to stop talking out their behinds.

      You got one saying everyone deserves a second chance. This man had over 20 years of chances to redeem himself but he finally get catch. He could waiting to get that Premier seat he was gunning for all along to set up his alleged drug ring.

      Let him genuinely REPENT, take it to God Almighty in prayer, and be in OBEDIENCE to God’s Holy Name.

      Like 24
    • Face meet tyre says:

      How come those moomoo who was protesting, didn’t protest about AF actions? Oh,let me guess “cause he was set up” what a set of dumm¡ies making excuses for him. Did anyone hold him at gun point and force him to partake??? NOOOO!!! His eyes lit up with dollar signs and he couldn’t resist. It says a lot about the people who are blaming the UK instead of AF

      Like 22
  2. Truth Seeker says:

    Good luck with this.
    “The diplomat’s home country can recall them and try them in local courts. In cases of serious crimes, the diplomat’s country can waive immunity, allowing them to be tried in a U.S. court.” “In actual practice, foreign governments typically agree to waive diplomatic immunity only when their representative has been charged with a serious crime not connected to their diplomatic duties or has been subpoenaed to testify as a witness to a serious crime.”

    Come to your own conclusions based on this.

    Like 63
  3. concern says:

    Stay where you are because your party members gave up on you a long time ago.

    Like 37
    Dislike 2
  4. Stay out says:

    Stay there. No one wants you back here.

    Like 55
    Dislike 2
  5. Citizen abroad says:

    Diplomatic Immunity? Revoked… Let us pray

    Like 33
    Dislike 2
    • Nice try says:

      But the Uk is responsible for foreign relations and will wave any claimed immunity in a heartbeat.

      Like 49
      Dislike 1
  6. Hmmm. says:

    BVI keep taking L’s. It’s clear he’s trying to save his a** from us prosecution and doesn’t care about the harm he’s doing to the BVI. The powers that be need to act swiftly and revoke his appointment

    Like 61
  7. Amused says:

    Fat chance of the Brits asserting diplomatic immunity for F*t Albert in these circumstances. He made his bed, now he can lie in it.

    Like 52
    Dislike 1
  8. townie says:

    Noooo – keep him

    Like 38
    Dislike 2
  9. Mig Smith says:

    You think he is in Road Town, something I tell the people of bvi those US lawyers will take out his liver while he is under federal pressure, he has to pay and T**u from tower West End is his treasurer

    Like 15
    Dislike 2
  10. Diplomat? says:

    In the BVI you were a Premier. In the USA you are an accused drug smuggler and money launderer. The words ‘diplomat’ and ‘immunity’ are not even remotely applicable in your case. Nice try though!

    Like 54
    Dislike 1
  11. Nonsense says:

    Everyone saw this was coming
    And we all you what that protest is really for
    Andrew Fahie is and will still remain the premier so don’t let the protest fool ayo
    That’s the reason why the don’t want to UK here for two years
    Ppl open ayo eyes
    The UK coming here is not a crime the will put things in place during that 2 years period
    And besides all who say after the hurricane the UK didn’t help stop lying
    If wasn’t for the UK y’all would have never rebuild

    Like 54
    Dislike 3
    • smh... says:

      they were the same ones who refused the UK help , bout conditions on how to spend money bcs they want to spend it how they feel like…god don’t sleep all the social security and NHI money we island people pay and after irma nad covid we got to leave without a dime aryo think god ah sleep and poor people eye water ah drop ah ground…them here talking bout UK looking at thier pockets , land and houses is the same thing he did why he put 7% tax on us…wicked f***s , take what’s coming and there’re more to come…island people take heed , focus on building your own country, stop putting money into an icome with a government and people who don’t care, with stickup with them during irma and covid , please don’t sit thru another disaster…

      Like 21
  12. It is clear says:

    It is clear that Mr. Fahie has no intentions to put country first. If indeed that statement in the comments were made by him. The fact that he was arrested on these charges alone, should warrant immediate resignation from him if he was putting the country first. If he does not resign we as a people need to have him removed by force.

    Like 54
  13. Assuming diplomatic immunity is granted. says:

    Which technically is possible, what becomes of the Port Authority head and her son?

    Surely, these 2 cannot be left holding the bag. They cannot exert diplomatic immunity.

    IMO, based on the affidavit filed in court it appears they were all knee deep in this mess along with others and need to face the consequences together.

    Like 39
    • Not So Fast says:

      Not going to happen. They have had their eye on him for decades.

      Like 35
      • Assuming diplomatic immunity is granted. says:

        We shall see. I said technically. Its up to the UK to waive or maintain. I don’t wish to presume what they may do here.

        Given it is my belief that the UK and US worked together to bring about this arrest, I would not be surprised if they do waive his immunity.

        If they do waive his immunity and he is tried and convicted of what he his charged with, he faces a minimum mandatory of 10 years short of a plea deal.

        If maintained, he could be sent home and tried locally. That could be complicated if he has permanent resident or US citizenship status.

        As for Maynard and son, as previously mentioned they are not in a position to assert diplomatic immunity and would be seen but the courts as a typical Jane and Joe.

        They too will be facing that mandatory minimum of 10 years if tried and convicted in the US short of a plea deal.

        Any plea deal for either of them would most likely require a cooperation agreement whereby they have to disclose who else was involved.

        The disgraced Premier is on record stating he protects his people whomever they are. He might want to change his thinking quickly to save his $$$ from a lengthy prison sentence.

        He was caught red handed. He may as well just spill his gut and get it over with. Im sure he will like to be reunited with his wife and children the soonest.

        Like 26
        • Jane says:

          Can dual BVI/US citizens run for political office in the BVI? I thought one could not.

          • Good question. says:

            In the past one could not be. My understanding from an unofficial source is that policy was relaxed although I cannot confirm. I would think being a US citizen is still problematic vs a permanent resident which should be fine.

            I would venture to say that there may be elected members of the house of assembly who has green cards but fall short of applying for US citizenship in order to avoid that conflict.

            Being of dual citizenship and the local leader (Premier) just strike me as conflicting loyalties. My thinking is that one cannot serve two nations simultaneously, but there again I cannot confirm if there was any legislation approving this.

            Perhaps someone in the know can enlighten us on that subject.

            The reason I mentioned the US citizenship vs green card issue is because these status are treated a bit differently under the law. For example Us citizens are afforded certain rights legally and protections by law which are not extended to a green card holder.

            A good example would be a green card holder who commits a crime in the US. He/she would be eligible for deportation proceedings to their original country as part of their punishment. A US citizen on the other hand who commits a similar crime is not.

            Revocation of US citizenship is quite rare but in the age of terrorism, I have read of a few cases where that has happened. When it has occurred, its is typically highly litigated.

          • Good question. Addendum says:

            Revocation of US citizenship is quite rare but in the age of terrorism, I have read of a few cases where that has happened. When it has occurred, its is typically highly litigated.
            ————–

            That revocation of U S citizenship only applies to Naturalized US citizens not US born citizens.

  14. Hxb says:

    I want to come back to the BVI and do his sacrifices to his d3m0n L0rds for help in the bushes.

  15. Serious . says:

    I heard he was going to use the first 7.8 million to refund the airline money and the next 3 lots of money to pay the overrun on the port project and the wall. Any left over was to repay the sea cow bay harbor project.
    That surely counts that he was on diplomatic business.

    Like 19
    Dislike 16
    • @Serious. says:

      Which airline money? The one they won since 2020 but VIP kept hush because they wanted you all to still dread on the 7.2 Mil? https://bvinews.com/govt-wins-bvi-airways-case-against-its-former-attorney-lester-hyman/

      • Popeye says:

        The $7.2 was scammed from us and is still missing. Had the decision makers conducted a simple google search “Baltia airlines fraud” they would have seen that the principals of BVI Airline were at time time accused of doing the same thing in New York with a plane that never took off!

        Let’s get our $7.2 back!

    • Hez B. Foy says:

      All anonymously of course, without the opportunity to brag about it?

      If that’s all true then eees not just a diplomat, he’s also a real aristocrat, ain he?. Belongs in the house of Lords that one, eh?

      Like 6
      Dislike 1
  16. Emperor says:

    Immunity ya say? Just don’t call no names in that interrogation room that WILL be your A$$$$$

    Like 4
    Dislike 3
    • @ Emperor says:

      God Almighty HAS THE FINAL SAY and will bring ALL CRIMINALS TO JUSTICE!

      Like 11
      • Ausar says:

        No, it is America that will bring justice.

        Too many of you called on God, and no justice came. It took AMERICAN informants, to get him, not God!

        All praises due to the Americans!

        Like 4
        Dislike 4
  17. Fv says:

    According to the Vienna Convention. It cannot be revoked by the host government while the diplomat is still in their territory. The best they can do is deport the diplomat and arrest him if he ever steps foot again on their territory. The sending state can waive immunity at any time however.

    Diplomatic immunity of course can be violated. It’s not a physical barrier that prevents countries from detaining diplomats but is a shared understand between states. Most countries choose not to violate it how ever as the same fate would certainly be matched for their diplomats abroad.

    • Popeye says:

      The British manage the foreign affairs of the BVI. Me tinks they may disagree with your assessment.

  18. Fv says:

    Waiver of Immunity
    If a government waives immunity to allow the prosecution of one of its diplomats or their family members, the crime must be serious enough to make prosecution in the public interest.

  19. No diplomat says:

    Immunity can lead individuals to take advantage of entrusted power for personal gain – the very definition of corruption. That’s why transparency, accountability and integrity should be key pillars of any government.
    He should only be granted immunity if what he was doing was for the good of the people – in this case, he was just enriching himself and throwing the BVI to the wolves.

    Like 21
    Dislike 1
  20. Captain Flint says:

    7.8 million reasons not to allow the immunity from prosecution.

    Like 17
    • Popeye says:

      The agent testified that the Dishonorable Fahie needed a calculator to determine 10% of $78Million. LMAO – he should have been arrested for that alone.

      Like 31
      • @Popeye says:

        And I thought he used to teach Math!

        Like 15
        • Popeye says:

          He used to teach math?

          Was this in his Math Lessonbook?

          Ok children, if Andy has 10 kilos of coke and sells one kilo and his friend Maynard sells one kilo and Andrew’s friends consume 1 kilo, how much cocaine is left to ship to the United States?

          Like 13
  21. Anonandonandon... says:

    Fortunately, he have no “diplomatic immunity” to start with. He ain’t no “diplomatic agent” under Article 1 of the Vienna Convention and is entitled to j*ck sh*t immunity under Article 31. Best advice? Look to marry well in the Big House.

    Like 27
  22. snuffalupagus says:

    And this is how we know the Governor lied. The UK is involved in this. The US had to check with the UK before pulling the trigger

    Like 9
    Dislike 19
    • Rubber Duck says:

      Of course the UK and more particularly MI5 or chestrated this. But they wouldn’t tell Rankin, who is in UK terms, a minor civil servant. So he was telling the truth.

      Like 19
      Dislike 2
      • @Rubber Duck says:

        MI5 is internal domestic UK Intelligence, I think you mean MI6 that deals with external threats.

        Like 10
  23. Don't think so ... says:

    I believe but may be mistaken, diplomatic immunity must be requested prior to arrival from home nation and then the visiting nation must grant it…. after the fact is dubious at best

    Like 11
  24. The Real Truth says:

    Hilarious if it was not so tragic. The Premier has no international status for such immunity. Like it or not, it is clearly laid out that the Governor is Head of State for international matters.

    Like 17
  25. GTFOH says:

    Plead guilty, do your time, repent for your sins and dedicate the rest of your life to the community you helped destroy. You are pathetic and will not be welcomed back to open arms. You fooled your constituents and disgraced the BVI. You chastised the former Governor for mentioning that there are drug links amongst the highest office holders and I too did not want to face the reality of that statement being true only to find out that you were a snake in the grass. You have set us back at the worst possible time. Your greed has damaged us worst than any of the corruption that you claimed from the NDP. Stay in prison while the BVI heals from your betrayal.

    Like 44
    Dislike 1
    • @GTFOH says:

      You too damn gullible. Andrew Fahie is no fool. This was a set up and Andrew might not even know if twas drugs…they might have lured him under false pretense of other legitimate business and then try to pin him to drugs…local people on the streets of the BVI knew Andrew was going to get arrested before the arrest happen…people were up and down running their mouths…and from a certain party affiliation too…soooooo this might be a take down but if Andrew hands are clean and God is for him, then no man can be against him. He might have a fight but in the end if God is for him we will prevail so take that in all y’all haters pipe and smoke it!

      Like 2
      Dislike 51
      • BS! says:

        Have you even read the charges? And then you come with stupidness – ” Andrew might not even know if twas drugs” He knew and then he sold out his family, his party and his country for the love of money.

        Like 29
      • @ “@ @GTFOH“ says:

        God is for who?????

        Romans 16:18 For such persons do not serve our Lord Christ, but their own appetites, and by smooth talk and flattery they deceive the hearts of the naive.

        You’re the one that’s VERY NAIVE.

        • Popeye says:

          The dis-honorable former leader started each meeting with a prayer and ended it with some voodoo according to the undercover agent.

          His magic helped him get elected. Can it help him escape?

  26. SNAFU says:

    Immunities in the USA and Canada
    Recent actions taken by Western states, particularly the USA, suggest that they see no validity to immunity of government officials when they act contrary to certain international norms, such as engaging in corruption or human rights abuses.

    Like 18
  27. I'm his Lawyer. Fahie will win his case.. says:

    The arrest of Fahie is illegal and without authority..Here is why. He asked. “Are you under cover cops*? They said no..That’s a lie, 1/ A cop has an obligation to speak the truth, 2/ Saying he is not a cop he denounces his office and his authoriy, 3/ When a plain cloth cop making an arrest the law clearly states he has to identify himself, 4/ he cannot be a cop at his convenience, you either a cop or not,5/ Fahie was operating on the lie he was told.If he was told the truth he would have operated differently and the outcome would have been different….Here is the key point he asked, and he was lied to…The smart thing for the DEA to have done is to brush that question off or find away to ignore it…But to say, *No” he denounces his authority under the law, henow has no legal authority to arrest him…

    Like 2
    Dislike 62
    • @Lawyer says:

      Nowhere in the affidavit did the agent say “NO” to the question. He simply skirted the question and comforted Fahie with words, based on his version of events. Based on what was provided it seemed as though greed blinded Fahie who is usually pretty savvy and not stupid. An undercover cop is just that, undercover so you are talking nonsense.

      Like 24
      Dislike 4
    • Smart says:

      The officer did not deny but deflected the question and any smart respectable and honest person in power should never be caught in such position in the first place basic human common sense. Money make people do alot of dumb s**t but it also shows true character

      Like 17
      • Under cover Cop lying. says:

        Check the case submission it was submitted by the same under cover Cop. Imagine you asking a plain cloth guy are you s Cop and he said ” No” but later you he gave you a ticket for braking the law, when the case goes to court the Judge will ask him. Did the defendant know you were a cop, No. Did you told him that you won’t a cop “NO” then the judge will ask the accused do u know he was a cop and you said “No”. Case dismissed….As for Diplomatic Immunity that doesn’t stand a chance, it’s like encouraging heads of states to be criminals ..The illegal arrest is a stronger case .

        Like 1
        Dislike 5
    • OK but says:

      Let’s say he does get off. Does that change the fact that he accepted $20k before asking? And, does getting off mean that the whole thing ws just some sort of imagined nightmare. Or did AF show his true stripes? And, he should get his post back??

      Like 13
    • EmDee says:

      Not accurate. C’mon, just do a web search before you waste your time propagating nonsense.

      https://www.aclunv.org/sites/default/files/sex_workers_myths_0.pdf

    • I'm his god. Fahie will win his case.. says:

      And ride back to the great Virgin Islands on a green chariot with a seat made of the finest “bricks” and USD, pulled by winged donkeys.

      He will triumphally lead the VIP and “his” people of the Virgin Islands to smite the Governor and the U.K.

      As a reward for this divine service the Virgin Islands will lead the UN to spread the Fahie gospel around the globe and CSC will will be anointed King of England.

      Like 15
      Dislike 2
    • Hmmm says:

      Sounds like a graduate of the Joe Biden School of Law and Economics.

  28. Really? says:

    True lawyers do not speak to press, make statements to the public, or blog on the case or discuss it in any other unofficial capacity while matters are unfolding.

    Furthermore, your argument does not address the diplomatic immunity asserted by the disgraced Premier.

    Care to opine on that “counselor”?

  29. lol says:

    Sure you are and sure he will win. Then he can come back and carry on being the bestest premier the world has ever seen. Cant wait to vote for him again….lol

    Like 6
    Dislike 8
  30. @lawyer says:

    Good luck with that, your going to need it!

  31. Grasping at straws says:

    He was traveling on a UK passport, therefore no diplomatic immunity. Plus, you have to request before arrival.

    Like 14
    Dislike 1
  32. The DJ says:

    Advice for future former Premier: Don’t drop the soap!

    Like 18
    Dislike 2
  33. rall says:

    Everyone should really read the charge sheet filed in the court in Miami . Premier met with the DEA undercover guy on Tortola – picked up him with the Maynards and took them to what sounds like his house – this is a couple of weeks before he was arrested. Looks like his cut was going to be $7.8 million folks.

    • Not his house says:

      No, it was described as a “stone house” so definitely not his – but there’s speculation about who it belongs to on social media! Another crony that owes him a favor.

  34. Just thinking outloud.... says:

    I gotta imagine that the DEA considered the whole diplomatic immunity angle before they submitted for the arrest warrant?

    Like 19
  35. Attaché says:

    Heads of State, Ambassadors and Diplomats can apply for an A-visa if they are traveling to the United States on behalf of their government with an intended official purpose. The purpose for which the applicant is traveling should be government-natured. His trip was to seal a drug deal according to the DEA Affidavit. This would not be classified as official travel for government business. In addition he would need an “A” class visa/ Diplomatic visa. A mere UK passport would not afford him Diplomatic privileges.

  36. Smart move says:

    He can’t resign until the court decides on his immunity request. If he resigns now, I believe he would not be eligible for immunity. Smart Head Coach.

    Like 1
    Dislike 1
  37. disgusted says:

    “Natures little secret”…..the secret is rampant govt corruption, drug and gun running, gang violence, who would have believed that the NDP would end up being the “good guys’ after all of their stealing!

    Like 6
    Dislike 1
  38. Licker and Sticker says:

    That mean that he willing to leave Maynard I. Miami. Lawd these thieves ain’t thick

    Like 7
    Dislike 2
  39. Please says:

    BVI PLEASE take him back right away. He is eating us out of house and home here. Grocery prices since his incarceration up another 6%.

    Like 8
    Dislike 4
  40. Diplomat says:

    Willingly aiding and abetting in the international transshipment of narcotics… Tonnes of narcotics… This is the new definition of “diplomat”???
    According to the indictment, the Hon. Premier also broke the law in the BVI by accepting a $20K bribe. Where’s he gonna run? Cuba?

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