Mr Andrew A. Fahie, a former popular politician who was in office from 1999 to 2022, was sentenced for drug trafficking conspiracy in a Miami Federal court in August 2024. Photo: GIS/File

'Iron Lawyer' Benedict P. Kuehne is representing former Premier of the Virgin Islands Andrew A. Fahie during his appeal of his conviction in relation to cocaine smuggling and money laundering charges. Photo: Kuehne Law

The Commission of Inquiry in the Virgin Islands was led by a lone Commissioner Sir Gary R. Hickinbottom. The CoI was criticised as a witch hunt and with an objective to harm the Virgin Islands' constitutional and democratic advancements. Photo: Daily Mail/File

Mr Andrew A. Fahie was recently best remembered for saving hundreds of lives during the Covid-19 pandemic. Photo: Internet Source

However, two of the jurors contacted Judge Kathleen M. Williams to tell her they really did not share the views of the others about Mr Fahie’s guilt. However, most legal experts claim that it was too late, as Judge Williams had already polled each of the 12 jurors on their unanimous decision and discharged them.

But with no case law to support a re-polling of jurors, Judge Williams noted that she had limited avenues, and Mr Fahie was sentenced to 135 months in prison and is now in a Federal Correctional Institution in Jesup, Georgia.

Good chance at appeal?

However, a reliable source in the Federal court system familiar with this case told our newsroom that Mr Fahie is lawyered up and will appeal.

It is our understanding that the process is advanced and submission of arguments is due around mid-December 2025. Mr Fahie’s appellate attorney is Mr Benedict P. Kuehne, who was assigned to Mr Fahie by the courts of the USA 11th Circuit. Attorney Kuehne is known as an iron-fist attorney, both for his successes and accomplishments in complex trials and appeals. He is well-experienced and does not compromise his clients.

Legal experts and other sources have informed that, given the particulars of the appeal, the most likely outcomes or rulings in the appeal, by the three-judge panel assigned to Mr Fahie’s appeal are (a) Dismissal of all charges. This would mean Mr Fahie would be a free man; (b) Ruling of a mistrial. This would mean that concerns about procedures, among other areas, including legal errors, will result in a retrial or (c) A ruling to uphold the decision of the verdict of the jury of the case. This would mean Mr Fahie is to serve the sentence handed down by the court in August 2024.

However, our team of legal experts and other Federal officials have informed us that there are other legal avenues the former Premier can pursue if (c) is the appeal ruling, that once pursued can also result in his possible freedom.

Of course they had knowledge

During the Fahie trial in a Miami court, it was stated that the confidential informant used by the USA law enforcement authority in the operation against Mr Fahie came to the Virgin Islands (VI)-Tortola by himself and operated without the knowledge of any VI law enforcement or officials.

However, a retired Drug Enforcement Administration Officer, speaking to our newsroom on condition of anonymity, has highlighted that this “could not be possible” and it could have been a mere shield to cover up that the British officials were also behind the operations and used the American law enforcement as a front. If this is so, then the legality of the actions could come into question.

It is important to note that nothing new can be entered in the review of the case during the appeal. Mr Fahie’s lower court lawyer was Theresa M. Van Vliet. It is reported that after the case, Vliet took a vacation to the UK.

Will there be interference in the appeal?

Supporters of Mr Fahie are claiming that there could be questionable and destructive actions in the making to try and influence the outcome of the appeal. These could include propaganda articles by international papers in the United Kingdom and the USA painting the entire VI as corrupt because of Mr Fahie’s actions. These, according to some familiar with the attempt to negatively portray the Territory and also allegedly negatively influence any positive outcome in the ruling of Fahie’s appeal, are well coordinated.

Since his arrest in April of 2022, Mr Fahie has not addressed the people of the VI. It is believed that his Attorneys have strongly advised him against making any public comments during the first case and now during the appeal. Doing so, according to one legal expert, would be seen as trying to influence the outcome of the appeal, thereby possibly jeopardising any legal strategy being used in Fahie’s appeal by his attorney.

Mr Fahie a target?

Mr Fahie was recently best remembered for saving hundreds of lives during the Covid-19 pandemic. 

While as Premier between 2019-2022, Mr Fahie was at the forefront in challenging the UK-appointed Governors for their double standards, lack of transparency, and lack of commitment to the rule of law. As a result, like many others in the VI, Mr Fahie became a target.

This was even more evident after the one-man-imposed Commission of Inquiry (CoI), which found no corruption but engineered a target list of residents who spoke out for justice, and set out on a witch-hunt to arrest and charge residents, despite little or no evidence. To date, not one of the persons they targeted was found guilty; however, they continue to abuse taxpayers funds with endless appeals in the face of lower courts reaffirming there is no case to answer.