Rescheduled Commencement of Former BVI Premier Andrew Fahie’s Trial Amidst Expert Witness and Foreign Law Controversies

The anticipated criminal trial of Andrew Fahie, the former Premier of the British Virgin Islands, faces another delay. Initially set for today, Wednesday, the trial is now postponed to January 22. This postponement arises from legal debates regarding the admittance of an expert witness by the prosecution and the application of foreign laws in jury instructions.

On December 19, 2023, the prosecution submitted a “notice of foreign law determination” to the court. This notice highlighted that the charges in Mr. Fahie’s updated indictment, encompassing bribery, embezzlement, and drug trafficking, constituted offenses under both the United Kingdom and British Virgin Islands law.

Prosecutors assert these charges contravene the UK’s Bribery Act, the BVI’s Criminal Code, and the Drugs (Prevention of Misuse) Act. However, the defense promptly objected, arguing that this notice, issued close to the holiday season, hindered their ability to effectively respond and consult legal experts from the UK and BVI. Mr. Fahie’s legal team emphasized the impracticality of acquiring such expertise within the tight timeline, especially given the complexity of the case.

The defense further questioned the prosecution’s timing, noting the ample period since the November 2022 superseding indictment to disclose this legal approach. Consequently, they requested the court to dismiss the government’s notice and bar any attempts to invoke violations of foreign laws during the trial.

Moreover, the defense disputes the government’s plan to present a DEA agent involved in Mr. Fahie’s case as an expert witness, citing the agent’s lack of requisite credentials and experience. They expressed concerns over potential jury prejudice and confusion due to his involvement as a co-case agent.

During a hearing on January 8, Judge Kathleen Williams deliberated over these motions. While her rulings are yet to be publicly disclosed, a status conference is slated for January 17, setting the stage for the trial’s commencement on Monday, January 22.