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Legal Quandary Emerges After Jurors Question Conviction of Ex-BVI Premier Andrew Fahie



Andrew Fahie, the former Premier of the British Virgin Islands.

Following the conviction of Andrew Fahie, the former Premier of the British Virgin Islands, on drug-trafficking conspiracy charges, an extraordinary legal challenge has emerged. This comes after two jurors questioned their decision to find Fahie guilty, throwing the case into a rare legal predicament.

Fahie was convicted in a Miami federal court for conspiring to import cocaine into the United States, alongside three charges related to money laundering and racketeering. The verdict came after a two-week trial, concluding with just four hours of deliberation last Thursday.

However, the case took an unexpected twist when, minutes after reaching a unanimous decision, two of the 12 jurors communicated to U.S. District Judge Kathleen Williams their doubts about the conviction. This occurred shortly after the jurors were polled and discharged by Judge Williams, effectively finalizing Fahie’s conviction.

The revelation has created an unprecedented situation, with the legal teams and Judge Williams considering the feasibility and legality of re-polling the jurors. Such a step is highly unusual, as South Florida’s legal precedent, along with broader practices, typically does not permit this action without indications of external influence or bias, neither of which has been presented in Fahie’s trial.

During a hearing that followed the verdict, federal prosecutors argued for maintaining the original verdict, citing the jurors’ official discharge. On the other hand, Fahie’s defense, spearheaded by attorney Theresa Van Vliet, has advocated for the re-polling of the jurors in question, pointing out the severe consequences of Fahie’s main conviction, which mandates a sentence ranging from 10 years to life imprisonment.

Adding another layer to the case’s complexity, Van Vliet disclosed that a juror had left a voicemail at her law firm, though the details of the message remain confidential. Judge Williams has suggested a private review of the voicemail by both parties, with a subsequent meeting to discuss potential motions that could address this legal anomaly.

The legal community is keenly observing as both sides prepare motions by the upcoming Thursday, exploring the limited options available for resolution. The potential outcomes include upholding the verdict or declaring a mistrial, the latter of which would require a new trial with a different jury.

Fahie’s arrest in April 2022, during a DEA sting operation in Miami, has led to his removal from office. He was implicated, alongside BVI’s port director Oleanvine Pickering Maynard, in a scheme to facilitate cocaine shipments through BVI ports, in coordination with an informant posing as a Sinaloa cartel member. Fahie, who had led the BVI since February 2019, now faces a legal battle that has captured widespread attention for its unique challenges and implications.

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Charges Filed in Assassination of Haiti’s Former President, Including Widow and High Officials



The investigation into the tragic assassination of Haiti’s President Jovenel Moise in 2021 has led to the indictment of nearly 50 individuals, encompassing a wide range of figures from former First Lady Martine Moise to high-ranking officials such as former Prime Minister Claude Joseph. This development follows the acceptance of a criminal complaint by Judge Walther Wesser Voltaire, spearheaded by public prosecutor Edler Guillaume. The allegations suggest Martine Moise played a role in the conspiracy that resulted in her husband’s death and her own serious injuries, despite not being directly involved in orchestrating the fatal attack on July 7.

Testimonies have hinted at Martine Moise’s political aspirations, including her desire to follow in her husband’s presidential footsteps. The indictment also names Léon Charles, the former police chief, and Dimitri Hérard, the ex-commander of the Security Unit General of the National Palace. Additionally, Félix Badio, known for his close ties to Prime Minister Ariel Henry, faces charges.

The probe into President Moise’s murder has faced significant scrutiny, criticized for being swayed by political motives. Critics argue that Prime Minister Ariel Henry, who communicated with Badio around the time of the assassination, is leveraging the justice system against political adversaries. With Haiti’s legislative branch inoperative, Henry essentially oversees the government, amid escalating violence and the increasing dominance of armed gangs, further destabilizing the nation.

The path to trial for those indicted by Judge Voltaire remains uncertain in Haiti. However, in the United States, legal proceedings have seen six out of eleven individuals plead guilty to planning the president’s murder, involving the recruitment of Colombian mercenaries for the task. The international dimension of this case underscores the complex web of intrigue and the challenges facing Haiti’s pursuit of justice and governance stability.

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UK Official Expresses Commitment to BVI’s Prosperity Amid Calls for Accelerated Reforms



In a decisive move to encourage governance reforms within the British Virgin Islands (BVI), David Rutley, the UK’s Minister for the Americas, the Caribbean, and UK Overseas Territories, has underscored the British government’s readiness to intervene should the pace of reforms remain unsatisfactory.

During his recent visit to the territory, Rutley’s remarks were highlighted in a statement from the BVI Governor’s Office, emphasizing the UK’s dedication to fostering the security, prosperity, and wellbeing of the BVI populace. “The UK Government is steadfast in its desire for a prosperous, well-governed BVI and will continue to support the Governor and the BVI community in achieving this objective,” Rutley articulated.

The Minister pointed out the slow progress of reforms stemming from the Commission of Inquiry, indicating the UK’s willingness to provide further technical support if necessary. Yet, he firmly stated that the UK would not shy away from taking additional measures to ensure the timely implementation of crucial reforms.

These comments arrive amid debates triggered by a proposal from John Rankin, the former governor, advocating for enhanced powers for the BVI Governor’s Office to independently advance reforms—a suggestion that met with strong opposition from local and regional leaders. The reiteration of such views by a UK minister signals a growing impatience with the pace of the reform process, despite assurances from Premier Natalio Wheatley and other officials regarding their progress.

As of early 2024, the reform efforts in the BVI were reported to be halfway to completion, a modest increase from the previous year’s progress report. Former Governor Rankin had previously highlighted the inadequacy of time extensions alone to expedite these reforms, pointing out the missed deadlines despite the extensions granted.

The recent months have seen minimal advancement, with the former governor noting the completion of only one significant task—the receipt of a constitutional review report by an independent third party—since the previous autumn.

Daniel Pruce, the newly appointed governor, reflected on the significance of Rutley’s visit, viewing it as a manifestation of the UK’s vested interest and commitment to the BVI’s success.

The critique from some quarters suggests that the current stance of the UK may be affecting the dynamics of the relationship between the territory and its colonial power, potentially hindering the BVI’s journey towards independence.

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British Virgin Islands Cabinet Enhances Integrity Commission’s Authority



In a significant move to bolster governance, the British Virgin Islands Cabinet has agreed to enhance the powers of the Integrity Commission. This decision, emerging from a comprehensive independent review, involves amending the Integrity in Public Life Act.

The expanded authority enables the Integrity Commission to conduct thorough investigations, ensuring the accuracy of declarations and statements related to registrable interests. This move positions the Commission to proactively scrutinize public bodies, identifying potential corrupt practices even in scenarios where no statutory duty is explicitly assigned to any individual.

Furthermore, the Commission will now have the mandate to levy fines on those who fail to comply with the provisions of the Integrity in Public Life Act. It will also receive critical reports from the Registrar of Interests regarding any members subject to suspension or salary withholding.

Reflecting a broader and more inclusive approach, the Cabinet’s decision also revises the definition of “family” within the Act. This amendment aligns with the territory’s criminal code, encompassing parents, siblings, common-law spouses, and extending to adopted and step-children.

This proactive stance follows critical remarks from the outgoing Governor John Rankin, who recently criticized the government for its slow pace in implementing the recommended reforms by the Commission of Inquiry. Rankin, in his last week in office, expressed to a local radio station his observations of a sudden surge in promises for imminent action.

“Remarkably, the past week has seen more progress than the preceding six months in this domain,” Rankin commented. He remained optimistic about the implementation of these reforms, whether initiated by the BVI government or through the enhanced powers of the governor’s office.

Rankin’s tenure was marked by a contentious relationship with the territory’s political leadership. This was notably evident in the absence of the BVI Premier at Rankin’s farewell event. The Governor’s Office highlighted this, noting the presence of Dr. Natalio Wheatley and the apology sent in advance by Opposition Leader Ronnie Skelton.

Amidst these dynamics, Rankin advocated for increased powers from the UK government, a move that was met with strong opposition from the local political directorate. Dr. Wheatley, in contrast, has urged the UK to maintain the current status quo. The incoming governor, Daniel Pruce, is anticipated to continue Rankin’s efforts, advancing the agenda for governance reform upon his arrival later this month.

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