Fahie says prosecution failed to prove cocaine charge
Fahie
Former Premier Andrew Fahie has argued that US prosecutors failed to prove that the substance at the centre of his drug-trafficking conspiracy conviction contained any detectable cocaine.
The claim was part of Fahie’s reply brief filed on September 8 in the United States Court of Appeals for the Eleventh Circuit.
A Miami jury found Fahie guilty in February 2024 of conspiracy to import cocaine, conspiracy to commit money laundering, attempted money laundering and foreign travel in aid of racketeering. He was later sentenced to 135 months in prison. The verdict followed his trial on the drug-smuggling and financial charges.
His attorneys argued that prosecutors had to prove every element of the offence contained in the superseding indictment, including that Fahie conspired to import five kilogrammes or more of a mixture containing a detectable amount of cocaine.
“Here, the government failed to prove what it charged beyond a reasonable doubt, that the mixture and substance Mr Fahie allegedly agreed to import contained a detectable amount of cocaine,” the filing stated.
The defence said the case arose from a sting operation in which authorities did not seize any cocaine or other substance for testing.
“In this sting operation, there was never any cocaine, a concession made clear from the government’s own CI and case agent,” the filing stated.
According to the brief, prosecutors presented no evidence from a chemist or laboratory report about the composition of the substance allegedly intended for shipment through Virgin Islands waters.
Instead, the defence said the prosecution relied on testimony from its confidential informant about liquid construction materials allegedly intended to conceal cocaine.
The substance would never test positive for cocaine
The confidential informant testified that the materials would “never, never, never” test positive for cocaine because they would have undergone a chemical process, according to the filing. The brief said the substance would test positive only after four additional days of chemical processing in Puerto Rico.
The defence rejected the prosecution’s position that cocaine could later be produced from the proposed shipment, arguing that the relevant law required prosecutors to prove that the substance contained detectable cocaine as it existed during the alleged conspiracy.
“The statute does not ask whether cocaine could someday be produced and then detected,” the filing stated.
Fahie’s attorneys also sought to distinguish his case from other drug-conspiracy cases cited by prosecutors. They said those matters involved seized cocaine, substances identified as controlled drugs or agreements under which participants expected to receive cocaine.
“Because the government proved, at most, an agreement to move a substance that, as it purportedly existed at the time and place charged, contained no detectable cocaine, the evidence was insufficient to sustain Mr Fahie’s conviction on Count 1,” the filing stated.
The appellate brief asked the court to vacate Fahie’s cocaine-conspiracy conviction and discharge him on that count. It also sought dismissal of all convictions based on separate allegations of government misconduct, or a mistrial or further hearing over questions about the jury’s verdict. The Court of Appeals has not ruled on the requests.
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Fahie has no shame. For what he set out to do to our country when he was out in a position of trust he will not get any mercy from me. You do the crime. Do the time. You wanted to make our BVI a place for the worst drug cartel to hang out with their cocaine? Fahie STFU and serve your time. You deserve it!
Whether it was cocaine or not at the time it shows what this man intended to do to the BVI. He is a greedy, corrupt SOB. Only God knows what about heinous crimes he is responsible for in the BVI.
For another 2 decades as he did not learn his lesson yet…
His level of conviction here needs to be studied. How can one person be wrong and strong for so long? Imagine if he had invested this much energy into doing the right thing. We might all be in a much better place, including him.
90 more months to go.
And for the fools who going come on to say “free the drew”
Please go wash up your dishes if you have water. Sick ah ayo
While Fahie Is paying The Consequences For his Actions, At Least he is Doing His Time. That Does Not Mean The BVI Is Now Crime Free. There Are Those In High Places Into Their Dirty Deeds But Think They Will Get away With It, God Don’t Sleep. Crime is Crime anyway You Spell it.
Making it harder to repent to God and apologize to this Country. A failed prosecution doesn’t mean he’s innocent.
All ayo stfu
The Court should dismiss his appeal.
If his trial had been held here he would of escaped Scot-free laughing all the way to the bank just another “ well known business man” awaiting his next rodeo, he actually still thinks he deserves more “ looking at life through his own warped lens with not a care for the BVI or its residents.
It wasn’t his first ” rodeo ” we sure would love to know what he got away with and how long he had his hands in this “rodeo ” game and if he has ” innocent blood ” on his hands , if so then he is in for a rude awakening , because when you have innocent blood on your hands and think you have gotten it away with murder), “KARMA” IS WAITING TO STRIKE , you and your family will pay the price ■
About what Fahie says or Think.
That is the photo that should be in the HOA and on billboards around the VI and VIP emancipation floats.
Showing our youths and politicians and so called leaders the consequences of a culture based on drugs, smuggling and corruption.
What is it he really trying to prove?
Ayo just ridiculous in theses comments
Maybe the Born Here defence would work for the Appeal?
Before anyone else says it.
Ha ha ha ha ha ha ha ha ha ha ha.
Free the Drew – Bouncy Bird.
just like I shouldn’t be locked up for making terroristic threats that I didn’t follow thru on. they not hearing us though coach!
That was neatly put , and will send a strong messege to the wannabe aristocrats & gansters , but it looks like uncle Andy is still controlling from behind bars / ( thats from the streets ) like how the late ” popular ” business man from the west was controlling from ” balo ” untill he was freed and karma caught up with him , with some ” street justice ) – so if thats the case , they wouldn’t be able to do that or he will fire them when he return and resume his position ~ according to wiggie , who is his loyal servant who keeps hollering out ” free the drew ” •
Free the drew. UK and Us in cahoots. We are bringing him home!
The BVI ppl love their criminals