BVI News

US Attorney’s Office rejects Fahie’s claim to Diplomatic Immunity

Disgraced Premier, Andrew Fahie

The United States (US) Attorney’s Office has rejected Premier Andrew Fahie’s “so-called Notice of Invocation of Immunity” that he filed to get released from detention.

Fahie has been in US custody on charges of drug trafficking and money laundering since last Thursday and later sought to file a notice to the court claiming he was protected by ‘diplomatic immunity’ as the BVI’s political head. 

But in a response to Premier Andrew Fahie’s notice, the US Attorney’s Office, Southern District of Florida indicated that the US does not recognise Fahie’s claim to head-of-state immunity. 

In the statement that was obtained and independently verified by our news centre, the Attorney’s Office said: “It appears that claim is based on a statement in the complaint affidavit that the defendant was, and is, the Premier of the British Virgin Islands”. 

“While it is true that the complaint affidavit correctly described the defendant’s current title, that description does not convey upon the defendant head-of-state immunity”. 

The response further said the Executive Branch of the United States Government does not recognise the British Virgin Islands as a sovereign state, or that Fahie is entitled to any immunity from prosecution. 

“Accordingly, the defendant does not and cannot enjoy immunity as a head of state or government. Nor does the defendant’s ‘notice’ do anything to establish an entitlement to immunity for the defendant. In fact, that ‘notice has no legal effect at all,” the statement read. 

The Attorney’s Office further said there was legal precedence (United States v. Noriega) to support its argument. 

Premier Fahie is accused of conspiring to import thousands of kilograms and cocaine into the United States, and then launder millions of dollars in drug proceed. The Attorney’s Office also alleged that he accepted thousands of dollars in bribes and planned to accept even more. 

He is expected to face a pre-trial detention hearing to determine bail sometime today when he appears before Judge Jonathan Goodman in a Florida court.

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48 Comments

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  1. The Joker says:

    I know the Squealer’s when I See them

    Like 14
    • Mr.Gage says:

      Oink oink meh son oink oink

      Like 13
      Dislike 1
      • Moses says:

        Even though I walk through the valley of the shadow of death, I will fear no evil, for you are with me; your rod and your staff comfort me.

        Sinners repent and you shall have salvation. All elected officials should resign their positions as requested by the Governor and assist with an orderly transfer of power. Assist with building a new tomorrow through acceptance.

        Let us now rebuild with a focus on our children’s education, a reliable infrastructure and a drug free sustainable economy.

        Like 18
        Dislike 2
    • Legal Eagle says:

      They didn’t just reject it, in legal terms they laughed at it.

      The US lawyers will be ripping the flesh off Fat Albert with useless but expensive efforts like these.

      My heart bleeds

      Like 13
      • No legal terms here buddy says:

        This is power politics period. The BVI is not owned by the native population and this very well spits in everyone’s face whether Fahie is a crook or not. But it’s okay, i sure you chilling in Florida riding on liberty fought by someone else.

    • Fire This IMBECILE says:

      Whoever in the Premier’s Office that wrote this letter for Fahie’s Hearing today needs FIRING!!!!

      “The Office of the Premier of the Virgin Islands hereby further confirms that it is the official position of the government of the Virgin Islands that the Honourable Andrew A. Fahie, as the most senior member of the Cabinet, holds high ranking office in the Virgin Islands and on that basis possess [sic] immunity as recognised by international and domestic law, akin to heads of government immunity.”

      The letter adds that Mr. Fahie had such immunity at the time of his Miami arrest on April 28 and he has not waived it.“

      Like 12
      Dislike 1
      • Not Sovereign to US says:

        The US does not recognise the BVI as a sovereign state. Y’all look up the sovereign states recognised by the US. BVI not there. So this letter doesn’t help him either way. That person, if indeed what the deputy premier stated was true, did this for nothing and it should cost them their job.

  2. Mufeng says:

    Best you plea guilty early so you only receive a 20 years term in US maximum security prison. You will then return to us here in Tortola at age 71.

    Like 21
    • No says:

      Inmate Fahie’s chances of returning to Tortola at age 71 are slim…Recommend we all move on and delete inmate Fahie from our brains.

  3. hmmm says:

    The Queen is the head of state in the Virgin Islands. The governor rules on her behalf. Not the premier.

    Like 62
    • Sad, embarassed and shamed says:

      They don’t understand and are so quick to show what fools they are. British Overseas Territory..go learn what that means

      Premier is what head of state…..struupes

      Like 5
      Dislike 1
  4. well sah says:

    I know the US wasn’t going for that diplomatic shenanigans,yuh like DRUGZ AND MONEY!!!

    Like 11
  5. Batman says:

    A whole lot of squeeling about to happen.

    Like 12
  6. Resident says:

    I calling it now he is going to sing like a canary

    Like 19
  7. That's bad news for him. says:

    His goose is now cooked and he is guaranteed to be doing some serious time.

    Something caught my eyes in reports of the court’s response. They are accusing the disgraced Premier of laundering millions of dollars from drug proceeds. Millions?

    That’s new to my knowledge.

    At any rate, he needs to start talking to shave off the years he will most likely be sentenced to in prison when this is all over.

    There is speculation that he might snitch out his friend and *** in Dominica who have similar suspicions about him relative to drug trafficking and money laundering.

    The US and the UK have Andrew Fahie just where they want him. He is between a rock and a very hard place with nowhere to go. It’s quite a mighty fall and predicament he is in.

    Now, we haven’t heard much of the disgraced head or port nor her son. Seems like they are lost somewhere in prison.

    I still cannot believe she was allegedly deep in this mess. I guess I was fooled by her pearl necklace. Seems like a lovely lady until I read the affidavit.

    This saga with the Premier had me thinking. How was it possible that someone with such an alleged shady past managed to become Premier?

    Surely someone had to know something, and I am troubled that no one said a peep before he became Premier. Apparently, the 2003 accusations against him for similar offences were not enough to give voters pause.

    The fact that he secured bodyguards once he became Premier raised my eyebrows. In my mind, it was a first in the BVI, and such protection would not be necessary on this small island when most people know each other unless you are into some shady dealings whereby you need to watch your back.

    No wonder he was always asking the country to pray and fast. The funny thing is he had his fellow legislators out there praying and fasting along with him too, and they willingly skipped meals and get down on their knees while he was doing his alleged dirt in the darkness all the while playing the church piano on Sundays. The hypocrisy of it all is stunning.

    I cannot fathom some people did not know what he was allegedly into. This is just terrible.

    Like 46
    Dislike 1
    • @thats bad news for him says:

      I keep saying the same thing!! Since 2003 he in this thing. How did he become premier!!! Why did district 1 continue to vote for him? It means he was greasing a lot of pockets and encouraging all the drug riches in west end to ensure he stays in. His plan all along was to become premier to make it easier for himself to get the drugs in. OMG WE WERE ALL TAKEN FOR A RIDE!!!

      Like 15
      Dislike 1
    • @That's bad news .... says:

      – Many people have short memories & “forget” he & his wife were investigated 20+ years ago for money laundering (but got off).
      And yes, the bodyguards were surely a clue!
      – Ms. Maynard? Well, she allegedly has a history of allowing naughty things (and taking small bribes) in departments she ran. Maybe that’s why AF put her in charge of the Ports???

      Like 17
  8. Conclusion says:

    “Accordingly, the defendant does not and cannot enjoy immunity as a head of state or government. Nor does the defendant’s ‘notice’ do anything to establish an entitlement to immunity for the defendant. In fact, that ‘notice has no legal effect at all,”

    Bumb*c****.

    Like 13
  9. Understand first says:

    Fahie filed his application and in return the DA office files their response it’s still left up to the court to make the determination

    Like 5
    Dislike 1
    • ! says:

      US Court already denied it. They will usually follow the AG. Nice try though. Lol

      Like 7
      Dislike 2
      • Hmmm says:

        Sometimes no matter what someone has done give them a chance now you came in here stating that the court has already denied it I’m sure you feel like an A$$ now

        Like 2
        Dislike 1
  10. YES says:

    LOVE IT, DO YOUR TIME SEE YOU IN 20

    Like 6
    Dislike 1
  11. Wow says:

    Now,its time to talk real things
    Fix the work permit problem

    Like 6
    Dislike 4
    • @Wow says:

      Unfortunately that is not our primary concern as citizens of the BVI.

      You have the option to leave and return when we are sorted.

      Your comment is so self serving.

      Like 3
      Dislike 7
      • unknown says:

        Wow u full of sh.t..a lot neds to be fix,BVI IS THE ONLY RUNDOWN TERRITORY ..alyo slow bro..place is nasty,Immigration officers always get grease ..u got something to hide

        Like 1
        Dislike 1
  12. Chili says:

    I don’t like to see people put in jail and I will not laugh at his downfall, it is truly a sad fall from grace. I wish him and his family the best.

    With all of that being said, the BVI is full of corrupt officials and it truly needs a clean restart.

    Like 28
    Dislike 2
  13. .. says:

    Anju thought!

  14. IslandSon says:

    I have to say AF is very scared right now and I cant imagine being in that situation but no one is above the law. He had what’s coming to him and this should be a clear sign to anyone who thinks they can take advantage of their position of power. I hope everyone after him puts the people first.

    Like 16
  15. Styles. says:

    He should have claimed insanity. Would have had a higher chance of success.

    Like 17
  16. Madea says:

    By claiming to be Head of State it shows he is delusion. Maybe he forgot that the Queen Elizabeth is Head of State. And thank God she is otherwise he would have been released. I don’t think he should hold his breath for getting on bail either. Reading the DEA witness statement I want to know who Government Official 1 is and why he not arrested yet? And why HoA and media not looking for him? Or is that because everyone knows already?

    Like 18
    Dislike 2
  17. Lesson Learnt says:

    Don’t beg for the COI if one cannot handle COI. Don’t complain to your oppressors as they will never consider you as friend.

    Like 7
    Dislike 1
  18. Tony Montana says:

    He going to rat to save himself

  19. Lol says:

    The DEA was like when they saw Andrew. “Now, I tell you what,
    I like ya and I want ya,
    Now we can do this the easy way, or we can do it the hard way.”

  20. As the saying goes… says:

    The bigger they are, the harder they fall.

  21. Responsible Journalism says:

    The DA’s office is NOT the US Court!!! These headlines fooling the gullible and dumb. The US Court has the final say.

  22. @@MADEA says:

    No, we do not know who that is!

    please share the information

    • Government Official 1 says:

      Yes you do…stop playing. We all know who it is. He like to talk everybody else business like the little girl that he is. Tell him go talk this now and tell the people who government official 1 is.

      He at the center of it all and he will not get away this time. Bunch of unscrupulous men in their suits and ties. At the end of the day they are simply common criminals.

  23. Take this picture down says:

    It breaks my heart to see our Premier like this.

    Like 2
    Dislike 4
  24. Erm.. says:

    Interesting that the premier office is contacting the US to get FA back? This doesn’t sound like a good start for demonstrating direct rule not the solution. “The Office of the Premier of the Virgin Islands hereby further confirms that it is the official position of the government of the Virgin Islands that the Honourable Andrew A. Fahie, as the most senior member of the Cabinet, holds high ranking office in the Virgin Islands and on that basis possess [sic] immunity as recognised by international and domestic law, akin to heads of government immunity”. 3rd May. I apologise I made a mistake. It’s the office of the premier. I remember an excuse by FA that something hadn’t been done because it was address to the premier’s office but should have been the office of the premier. Another mistake is conspiracy to launder money and traffic drugs. The only immunity I see present here is the persistent and widespread belief of immunity from the rule of law. Fortunately the rule of law is making a come back and it ought to think big which means lots of jobs because – trade licence control is going to die, entrepeneurs will be able to thrive, successful business will not be blackmailed and a big construction project is coming which will involve building a massive prison on toxic heath with a north facing view of the bush and no privileges. Then he can come back.

  25. BVI Future says:

    We are not hearing from the Maynards because they taking pleas in exchange for giving up names. Our Esteemed Premier was not the only one in this.

  26. just saying says:

    God instructed him to do it. Right Andie ?

  27. Straight ballin says:

    Teach him a lesson because he knows better and should be doing better, the people of the bvi elected you to manage the affairs of the bvi but instead you went into drug running while using your position/power to conceal your dirty deeds. Greed is what put you in what u in. Just as you want visitors and expart to respect and adhere to to laws of the bvi, you to should respect the laws of another man’s country. No, politician, no pastor, no priest, no high profile lawyer, no obyeah nor jesus can save you. EAT LITTLE & LIVE LONG, teach him a serious lesson. HYPOCRITE!!!

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