Another local targeted this time Dean Fahie
Evidence of this was obtained by this news site’s traditional National Democratic Party sources within the Government. The documents with the alleged charges emanated from the Office of Director of Human Resources Michelle Donovan-Stephens.
Mr Fahie was contacted by this news site yesterday March 5, 2014 where he acknowledged being in receipt of the document dated January 14, 2014. He said that he thought it would not have been proper for him to give a detailed response to the media save to say that his alleged charges were responded to via his lawyer in the time frame given by the Department of Human Resources.
According to the document, had Mr Fahie failed to respond to the charges by January 24, 2014, or if the response did not exculpate him, a tribunal would have been appointed to enquire into the charges made against him.
Since his response to the charges in compliance to the stipulated date the HR department has not affected any further actions.
The four charges
It was the contention of the Department of Human Resources that Mr Fahie, in relations to the alleged matter of the 2011 smuggling operations of Brazilian nationals through the VI unto the USA, allegedly:
1. Concealed pertinent information in connection with an official enquiry or investigation amounting to misconduct under general order 3.27 in that upon being interviewed by the Royal Virgin Islands Police Force (RVIPF) on October 10, 2011, he failed to disclose his full knowledge of the alleged illegal smuggling operation and in particular, the role played by Senior Customs Officer, Clarence Fahie relating to the said investigation including the fact that the Material Marine Control Document remained in existence and was in his possession.
2. That he failed to discharge the duty of the office to which he was appointed as provided by General Order 3.1 (1) by failing to act upon the receipt of information which had come into his knowledge directly from Senior Customs Officer, Clarence Fahie, knowing that such information raised reasonable suspicion that serious offences, contrary to the laws of the Territory had been committed.
3. That he as a public servant breached the trust and confidence as implied in his contract of employment and otherwise expected of a public officer pursuant to sections 1 and 2 of the Public Service Code, took possession of the Marine Control Document and failed to disclose such other information to lawful authorities with the intent of covering up the acts or omissions of his brother, Senior Customs Officer, Clarence Fahie as might lead to his prosecution for criminal offences.
4. And that he was present at an interview of Senior Customs Officer, Clarence Fahie on February 11, 2011, in which said Clarence Fahie stated that the Marine Control Document had been destroyed, and that he (Dean Fahie), knowing that such information was false, failed to intervene or otherwise rebut such information, contrary to the duty expected of his office an as one of the Public Officers charged with investigating the material facts to alleged serious criminal activity.
Background
This matter which continues to remain alive had its genesis when on February 11, 2011, according to the Department of Human Resources document, a joint Customs and Immigration operation in Cane Garden Bay resulted in 13 Brazilian nationals being taken into immigration custody who were subsequently interrogated by customs and immigrations officials, including Mr Dean Fahie while acting in the capacity as Deputy Commissioner of Customs.
Arising from interviews, it was revealed that Senior Customs Officer, Clarence Fahie (SCO) (his paternal brother), had been involved in alleged dubious arrangements to issue customs ‘clearance of the vessel ‘Paint it Black’ which had brought the Brazilian nationals to the Territory.
Further, as stated in the document served on Mr Fahie recently, he was interviewed by the RVIPF regarding his knowledge of the alleged illegal smuggling operation and in particular the role played by the SCO. In that interview the Human Resource Department alleged that Fahie failed to mention any prior knowledge of the alleged activities or that the SCO had communicated with him regarding the matter.
“As a result of the facts set out above, you are hereby charged with misconduct pursuant to General Order 3.27…,” stated the document.
Attorney General advises
In another document secured by this news site and confirmed as originating from the office of the Attorney General, signed by Principal Crown Counsel Kerrie Cox, to Ag, Director of Human Resource, dated October 24, 2013, had advised the Human Resources Department on the allegations.
It stated in part, “As regard the proposed charge 3, proving same will be difficult as the ‘offence’ is akin to perverting the course of justice which requires proof of intent. As to charge 4, success on this count would depend on the date upon which the documents were passed to Dean Fahie; if after February 11, 2011, it cannot be said that he failed to intervene during the interview of that date.”
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