By: Staff Writer
May 6, 2022
Disgraced British Virgin Islands (BVI) Premier, Andrew Fahie, had his bid for diplomatic immunity over a drug trafficking and money laundering charge in Miami rejected by the US Attorney.
In court documents filed on May 3, the US Attorney, Juan Antonio Gonzales, responds to Mr Fahie’s notice to invoke diplomatic immunity saying essentially that the US Government does not recognize Fahie as the head of state for the BVI.
The document said: “The Executive Branch of the United States Government does not recognize the British Virgin Islands as a sovereign state, or that Fahie is entitled to any immunity from this 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.”
However, just recently, Mr Fahie was granted bond but has to remain in the US until his trial on May 25. He is expected plead not guilty to drug smuggling and money laundering charges, his lawyer has indicated.
During a pre-trial hearing in Miami, Theresa Van Vliet said her client would deny the allegations.
Mr Fahie was arrested at a Miami airport last week following a US Drug Enforcement Administration (DEA) sting.
The judge ruled he could be released on a $500,000 bond as he awaits trial.
Mr Fahie’s arraignment hearing – when he will formally enter a plea – is scheduled for 25 May.
Until then Judge Alicia Otazo-Reyes, of the US District Court for the Southern District of Florida, said he could be released from pre-trial detention but would remain under monitored confinement at the US flat where his two daughters live.
According to Reuters news agency Judge Otazo-Reyes agreed with Mr Fahie’s attorney that he would not flee because of his ties to the US.
She said that she believed the bond along with the monitored confinement would “ensure his appearance”.
But the Miami Herald reported that Mr Fahie would remain in jail while federal prosecutors appealed against the court’s decision.
Mr Fahie was arrested alongside the managing director of the territory’s Ports Authority Oleanvine Maynard last Thursday.
The pair, and Ms Maynard’s son Kadeem Maynard “aka Blacka,” are alleged to have agreed to allow an undercover informant to use BVI ports to transport cocaine to the US.
Their detention came a day before an inquiry into the governance of BVI called for it to be returned to direct UK rule amid concerns about corruption.
A government minister has been dispatched to the archipelago in the Caribbean to consider the next steps.