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Gov't retains Martin Kenney & Co in $7.2M BVI Airways probe

- Solicitors will represent in arbitration claim brought by Colchester Aviation Inc & BVI Airways
On the website of Martin Kenney & Co Solicitors, Martin S Kenney is listed as Managing Partner and the firm describes itself as a cutting-edge investigative litigation practice based in the Virgin Islands (VI), specializing in global asset recovery. Photo: VINO/File/Internet Source
At the First Sitting of the First Session of the Fourth House of Assembly (HoA) held Tuesday, March 12, 2019, in the Multi-Purpose Sports Complex, Hon Julian Fraser RA (R3) had tasked the the Premer and new government,
At the First Sitting of the First Session of the Fourth House of Assembly (HoA) held Tuesday, March 12, 2019, in the Multi-Purpose Sports Complex, Hon Julian Fraser RA (R3) had tasked the the Premer and new government, "You are going to tell us where the money for the plane went'. Photo: VINO/File
Premier and Minister of Finance Honourable Andrew A. Fahie (R1), made it clear he was advised against giving any details as the matter was in court. Photo: BVI Airways/Facebook/VINO
Premier and Minister of Finance Honourable Andrew A. Fahie (R1), made it clear he was advised against giving any details as the matter was in court. Photo: BVI Airways/Facebook/VINO
Documents presented to a USA court of law by the Government of the Virgin Islands (VI) alleges that former Government Lawyer, Lester Hyman personally profited from the failed BVI Airways, a dereliction of his professional obligations as the Governments' Attorney. Photo: Facebook/Internet Source
Documents presented to a USA court of law by the Government of the Virgin Islands (VI) alleges that former Government Lawyer, Lester Hyman personally profited from the failed BVI Airways, a dereliction of his professional obligations as the Governments' Attorney. Photo: Facebook/Internet Source
ROAD TOWN, Tortola, VI - The Virgin Islands Government, headed by Premier and Minister of Finance, Hon Andrew A. Fahie (R1) has retained the services of Martin Kenney & Co Solicitors to go after the missing $7.2M in the BVI Airways case filed in New York on June 14, 2019.

According to the statement of the Cabinet Meeting held on November, 22, 2019, Cabinet, "Approved the retention of Martin Kenney & Co Solicitors to represent the Government of the Virgin Islands in the arbitration claim brought by Colchester Aviation Inc. and BV Airways filed on 14th June, 2019 in New York City before the International Centre for Dispute Resolution of the American Arbitration Association."

Asset Recovery 

Martin Kenney & Co describes themselves as a cutting-edge investigative litigation practice based in the Virgin Islands (VI), specializing in global asset recovery, "We are able to deploy both legal and investigative teams worldwide in the pursuit of stolen assets, with an unrivalled rate of success," they said. 

According to the firm, they also specialise in Complex Commercial Litigation & Arbitration, International Insolvency, Interim Disclosure & Freezing Orders in addition to International & Regional Investigations.

On the website, Martin S Kenney is listed as Managing Partner with Andrew Gilliland as Interim Head of Litigation, Malcolm Arthurs as Senior Barrister and Craig Allam as Managing Director of Investigations, however, it is unclear what officers are directly overseeing to the NYC filed case.

The case was filed by the VI Government through the Office of the Attorney General, however, it is unclear how much the government is paying for its retained legal services. Questions from Virgin Islands News Online (VINO) posited to Premier Fahie on the cost was not return up to publication time. 

Where is the money? - Hon Fraser

At the First Sitting of the First Session of the Fourth House of Assembly (HoA) held Tuesday, March 12, 2019, in the Multi-Purpose Sports Complex, Hon Julian Fraser RA (R3) had tasked the Premer and new government, "You are going to tell us where the money for the plane went, oh yea". 

Then at the Seventh Sitting of the First Session of the Fourth House of Assembly on October 17, 2019, Hon Julian Fraser RA (R3) again posed questions to the Premier seeking answers for the money and the reported missing documents following reports from Hon Fahie that there was no paper trail in the controversial National Democratic Party (NDP) investment. 

Premier Fahie then made it clear he was advised against giving any details as the matter was in court; however, Hon Fraser continued to press for information on the issue, to the point of suggesting the Virgin Islands Party (VIP) administration was deliberately withholding information.

However, documents presented to a USA court of law by the Government of the Virgin Islands (VI) alleges that former Government Lawyer, Lester Hyman personally profited from the failed BVI Airways, a dereliction of his professional obligations as the Governments' Attorney.

Lester Hyman under the microscope 

The September 30, 2019, edition of "Offshore Alert", an online publication, carried a story on the matter and a screenshot of a section of the article attraction much attention on social media after being posted by several persons in the territory.

The article stated: "Claiming a loss of $7.2M, the BVI Government disclosed in a court filing that it intends to sue its former, 30-year US-based legal representative, Lester Hyman, for suspected self-dealing regarding a failed airline venture to operate flights between the BVI and Miami." 

 

14 Responses to “Gov't retains Martin Kenney & Co in $7.2M BVI Airways probe”

  • Second That (02/12/2019, 17:41) Like (11) Dislike (1) Reply
    Very good choice of law firm.
    • circus (03/12/2019, 19:43) Like (0) Dislike (0) Reply
      You must not know about the magic circle then, which they are not. And since when they care for VIP or the BVI?
  • qc (02/12/2019, 18:14) Like (12) Dislike (5) Reply
    what a mess the NDP left us in!
  • Sam (02/12/2019, 18:51) Like (12) Dislike (0) Reply
    Well well, hope they find the money and whoever was responsible for this great injustice to the people of the BVI face the full force of the law.
    • Cloak and Dagger (03/12/2019, 04:16) Like (5) Dislike (0) Reply
      They need to also hold responsible our very own son(s) of The of the Son, responsible for misleading the previous administration to this mess for their own glorification.
  • Fraudbuster (02/12/2019, 19:21) Like (6) Dislike (2) Reply
    Martin and his team focus fraud investigation. Great move to use locally based talent. MKS are world leading experts in this field
  • hah (02/12/2019, 20:52) Like (9) Dislike (0) Reply
    I just hope he has the money to settle the law suit plus damages and lawyers fees if the VI is victorious. There's nothing worse than suing a broke man and winning and they cant even settle the bill.
    • Lord o (03/12/2019, 07:36) Like (2) Dislike (1) Reply
      What we need first is to get a private investigator undercover person to find out more about these criminals. Their ture assets if any. Who else were involved in the scam.. Was bribery a part of the scam.. We need to first establish these things. Then decide our next move with confidence...
      • @ Lord o (03/12/2019, 15:12) Like (0) Dislike (0) Reply
        You never considered that the firm would have their own team of investigators? Read na fool before you go commenting.
  • Will say (02/12/2019, 21:48) Like (8) Dislike (1) Reply
    This new Government is serious about this money. The people have a right to know what happened to said money.
  • Hmmmm (03/12/2019, 07:33) Like (11) Dislike (0) Reply
    Hope we don't spend 7 million in legal fees trying to collect 7 million. .. These frauders are bent on not paying or returning our cash...
  • WHAT!!! (03/12/2019, 09:18) Like (8) Dislike (0) Reply
    Would be nice to know who the local shareholders are.
  • opposition (03/12/2019, 11:37) Like (0) Dislike (0) Reply
    We thought that everything was confidential up to this point?
  • More Retainers needed (03/12/2019, 13:15) Like (3) Dislike (0) Reply
    You can go ahead and retain them for the ESHS Wall and the Pier Project and the BVI Ports and the Airport Authority and Skelton-Cline contract too.


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