Premier Fahie denied diplomatic immunity by US Court
![The United States, in a document published today, May 4, 2022, said it does not recognise the [British] Virgin Islands as a sovereign state and, as a result, cannot confer diplomatic immunity in incarcerated Premier Andrew A. Fahie (R1). Photo: Team of Reporters](https://www.virginislandsnewsonline.com/cache/images/800x_2_278978791_5586657124720305_7669127339204228749_n.jpg)
![The United States, in a document published today, May 4, 2022, said it does not recognise the [British] Virgin Islands as a sovereign state and, as a result, cannot confer diplomatic immunity in incarcerated Premier Andrew A. Fahie (R1). Photo: Team of Reporters](https://www.virginislandsnewsonline.com/cache/images/800x_2_278978791_5586657124720305_7669127339204228749_n_01.jpg)
Hon Fahie was arrested at a Miami airport on Thursday, April 28, 2022, by the US Drug Enforcement Administration (DEA) on charges related to conspiracy to import a controlled substance and money laundering.
Notice of Invocation of Immunity
In a ‘Notice of Invocation of Immunity’ that was filed on May 2, 2022, at a federal court in Miami, it said Hon Fahie "hereby notices his invocation of all rights of and to immunity under international and domestic law, as the duly elected and sitting head of government of the Virgin Islands, a British Overseas Territory, including but not limited to immunity from arrest and detention, entitling him to immediate and unconditional release from detention by the United States.
It added: “The United States Department of Justice concedes that the Hon. Fabie "was, and is the Premier. (Doc. 1 at 31 (emphasis added) As such, the Executive Branch of the United States Government has recognized the Hon. Fahie as the constitutional head of Government of the Virgin Islands.”
US Court says Premier not eligible for immunity
However, the US court has not recognised Hon Fahie as eligible for immunity as the US does not recognise the [British] Virgin Islands as a sovereign state.
According to the US response to Premier Fahie’s request, the Defendant conspired to import thousands of kilograms of cocaine into the United States, and then launder millions of dollars in drug proceeds.
“He accepted thousands of dollars in bribes and planned to accept even more.”
According to court documents seen by this news site, it appears Premier Fahie’s claim for immunity is based on a statement in the complaint affidavit that the Defendant was, and is, the Premier of the British Virgin Islands.
According to the documents, while it is true that the complaint affidavit correctly described the Defendant's current title, that description does not convey upon the Defendant head of state immunity.
“The Executive Branch of the United States Government does not recognize the British Virgin Islands as a sovereign state, or that Fabie is entitled to any immunity from this prosecution.
“Accordingly, the Defendant does not and cannot enjoy immunity as a head of state or government. Nor does the Defendant's "Notice" da anything to establish an entitlement to immunity for the Defendant. In fact, that "Notice has no legal effect at all.”
It therefore concluded that under governing precedent in the Eleventh Circuit, United States v. Noriega, 117 F.3d 1206, 1212 (11th Cir. 1997), Hon Fahie “is therefore not entitled to head of state or government immunity.”
Pre-trial detention hearing
Meanwhile, Hon Fahie and BVI Ports Authority Director Oleanvine Pickering-Maynard are scheduled to appear at a pre-trial detention hearing today, Wednesday, May 4, 2022, and a preliminary hearing on May 13, 2022.
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17 Responses to “Premier Fahie denied diplomatic immunity by US Court”
Please read the COI 's recommendations. Please let us prepare a way forward. We must unite to formalize an action plan for complying with the recommendations! Do not allow the two year time line to be extended because we spent the two years protesting and not strategizing! Anything else is futile.
Andrew is the ["DEMOCRATICALLY ELECTED MEMBER OF PARLIAMENT FOR THE 1ST ELECTORIAL DISTRICT"].
ANDREW IS NOT A UK-APPOINTED-DIPLOMAT.
God save the Queen.
You can either ride the entrapment train and cross fingers that this works for you. But saying in terms for you to understand. That is like you going out and finding a blue lobster in your lobster pots (a rare chance that will ever happen)
so your best bet is to take a plea deal, or better yet plea guilty. DO NOT waste the court time our you family having to go through all this media and spot light mess.
yes i know you feeling you have been given a dirty hand, but you must admit you got to lay in the bed you made.
no one put you in this situation but yourself, I also believe that GOD made you go through all this to show you that you made of joke of HIM far to long.
Now the table has turn on you my Former Premier
Never try to out smart GOD or take HIS name is vain. I hope your connection have great powers like the GOD you should of been trusting in from the start.
Lets see if he can get help you with this court case.
STILL SO DISAPPOINTED
Why a handful acting like they’re smarter than the Agents themselves smh
Admitting you’re undercover would be like playing hide and seek then yelling where to find you.
A Myth Based On The Concept Of Police Entrapment
If you think about it logically for a moment, it really would be silly if this common misconception was actually true. If, when asked, a police officer always had to tell you the truth, that he was indeed a police officer, the police would never arrest anyone. Criminals could simply ask everyone they meet if they are a cop and they’d never have to worry about anything. Plain-clothes law enforcement organizations like the FBI couldn’t even exist.
ALSO, it is NOT ENTRAPMENT BECAUSE THEY DID NOT ENCOURAGE HIM AND GAVE HIM AMPLE CHANCES TO BACK OUT BUT HE ADMITTED HE HAS BEEN INVOLVED IN CRIME FOR 15-20 YEARS AND PUSHED THEM TO GO ON WITH THE DEAL.
Now he’ll likely be getting 15-20 years prison time.