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Premier Fahie requests release from US prison via diplomatic immunity

- Files request in Florida court today, May 2, 2022
Incarcerated Premier of the Virgin Islands (VI) Hon Andrew A. Fahie (R1) has asked a Florida judge to release him from custody, citing diplomatic immunity. Photo: GIS/File
In a ‘Notice of Invocation of Immunity’ that was filed today, May 2, 2022, at a federal court in Miami, it said Hon Fahie
In a ‘Notice of Invocation of Immunity’ that was filed today, 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. Photo: Team of Reporters
MIAMI, Florida, USA- Incarcerated Premier of the Virgin Islands (VI) Hon Andrew A. Fahie (R1) has asked a Florida judge to release him from custody, citing diplomatic immunity.

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.

He was then remanded when he made an appearance in a Florida court on April 29, 2022.

In a ‘Notice of Invocation of Immunity’ that was filed today, 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."

The ‘Notice of Invocation of Immunity’ also states that Hon Fahie was duly elected to the office of Premier of the Virgin Islands and has been in such office since February 26, 2019.

‘No known expressed waiver of Hon Fahie's immunity’

It added: “The United States Department of Justice concedes that the Hon. Fahie "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.”

It also stated that there has been no known expressed waiver of Hon Fahie's immunity conferred under international and domestic law.

Opposition calls for Premier to resign

On the local front, the Opposition has called for the immediate voluntary resignation of Hon Fahie as Premier.

Meanwhile, the Virgin Islands Party (VIP) Congress has already voted the Acting Premier Dr the Hon Natalio D. Wheatley (R7) as Chairman of the party and has backed him to become the Premier.

The filing was made on Hon Fahie's behalf by his attorney, Theresa Van Vliet, of Genovese Joblove & Battista law firm.

The court filing may have now explained why Hon Fahie has not already tendered his resignation as Premier of the Virgin Islands.

Diplomatic immunity

Diplomatic immunity is a status granted to diplomatic personnel that exempts them from the laws of a foreign jurisdiction.

The Vienna Convention of Diplomatic Relations (1961), which most states have ratified, offers diplomats acting as officials of state almost total protection from subjection to criminal, administrative, and civil laws belonging to the country in which the diplomatic mission is located.

According to Legal Information Institute of Cornell Law School, diplomats assigned to missions located in foreign countries remain subject to the laws of their home countries. The diplomat's country of origin has prerogative over whether or not a host country may prosecute a diplomat under its (i.e. 'foreign') laws.

This means that it is possible for the official's home country to waive immunity; however, according to research, this tends to happen only when the individual has committed a serious crime, unconnected with their diplomatic role.

Individuals have no authority to waive their own immunity (except perhaps in cases of defection). Alternatively, the home country may prosecute the individual.

60 Responses to “Premier Fahie requests release from US prison via diplomatic immunity”

  • Nice try. (02/05/2022, 15:32) Like (67) Dislike (13) Reply
    Two things wrong with this..It has to be recommended by Britain..and you build a nasty disrespectful relationship with them...Secondly, if they gave it to you they will be encouraging other head of states to be criminals....Sorry.....
    • WOW (02/05/2022, 18:15) Like (9) Dislike (1) Reply
      @ nice try. Good points made however worst crimes has been committed by other diplomats and they were release on the immunity. But on like this case and other diplomats they were freed immediately without court room apparences. So i dont know why he think he this would be grant cause if it was he wouldnt have had bail hearing.
  • ... (02/05/2022, 15:35) Like (8) Dislike (1) Reply
    Big move FA
  • okkkkkk (02/05/2022, 15:38) Like (2) Dislike (1) Reply
    Ok then
  • The Slip Hammer (02/05/2022, 15:41) Like (6) Dislike (0) Reply
    really
  • vi (02/05/2022, 16:14) Like (40) Dislike (4) Reply
    Why you put yourself in this my brother
    • Fahie will soon be free his arrest was illegal. (02/05/2022, 16:32) Like (31) Dislike (95) Reply
      Her is why his arrest was illegal...He ask the undercover cop..*Are you a Cop"? He said "No" That no answer means he has denounce his office his authority so he has no legal authority to arrest a defendant he lied to...We all know according to Law when a Plain cloth police going to make a arrest he has to identify himself as a police officer or the is nal and void,. So been a police officer is not a convenient matter, your either a police officer or not to add a Police office has an obligation to speak the truth WHEN ASKED... Fahie if not been lie to would have acted differently and the outcome would have been different...So, Fahie will be freed.. Fahie asked, they shouldn't have lied, they should have just brushed him off or ignore him..The main fact that they lied they had no authority to make that arrest...hence it's illegal..
      • Jones (02/05/2022, 17:12) Like (29) Dislike (4) Reply
        Was he the same cop that made the arrest? Go siddung
        • @Jones. Yes,. Listen to the submission. (02/05/2022, 19:58) Like (10) Dislike (15) Reply
          Don't cloud your mind with your hate for Fahie....Imagine you ask a guy if he is cop and he said no but soon after you did something wrong he has you in hang cuff..He must declare his office and authority honestly..
          • Why (03/05/2022, 07:24) Like (17) Dislike (0) Reply
            Why do people who have no knowledge about the law have the most to say. Plain clothes/ undercover officers are not required to identify themselves. They are even allowed to lie for the purpose of their investigations.
            But just use your common sense. If all a criminal had to do was ask then what would be the point of undercover officers?
        • ok (03/05/2022, 09:40) Like (2) Dislike (0) Reply
          Exactly.. like he was there.... these people dont watch television and crime shows...
      • ab (02/05/2022, 17:17) Like (34) Dislike (0) Reply
        that’s just not correct - it’s a myth a cop can’t lie about being a cop. otherwise there would be no undercover cops at all - the first question would always be are you a cop ‘yes’ then that’s that. no under cover cops, no dea, no FBI etc.
      • BS! (02/05/2022, 17:29) Like (28) Dislike (4) Reply
        ...you sure? Because that's not the defence card that his (probably very expensive) lawyer is playing. Also, do you seriously believe that you can get away with any criminality because the cop lied? There would never be an undercover bust made if that was the case. Go siddung with your armchair lawyering self.
      • illegal arrest (02/05/2022, 17:30) Like (27) Dislike (1) Reply
        You need to learn the law my friend. a cop CAN lie to you.
        you watch too much TV.....
        • I totally agree. A cop cannot lie about his authority. (02/05/2022, 19:53) Like (3) Dislike (13) Reply
          A cop cannot deny that he is a cop when asked a direct question, by someone he is questioning or imtorigating, he is denouncing his authority..It's wrong... Just like how a plain cloth cop that making an arrest without identifying himself as a cop that arrest would be illegal....Under cover means...Unidentified...Unknown....U cannot lie if you are asked about you legal authority...then after wants to apply your legal authority....Can't work...I agreed that's a good argument...
          • Undercover Officer (02/05/2022, 21:56) Like (14) Dislike (0) Reply
            Undercover officers do not have to disclose that they are undercover. That is entirely the point of being undercover. You're really not using your critical thinking here my friend. This isnt a plain clothes officer, who is still operating as an officer outside of uniform. This is someone who is undercover.
        • ok (03/05/2022, 09:48) Like (0) Dislike (0) Reply
          apparently they dont watch enough....
      • Talking Facts. (02/05/2022, 17:32) Like (15) Dislike (1) Reply
        I suspect you have no real knowledge of the subject that you talking about - your comments are false. In addition, he has no diplomatic status - The Governor is the Head of State for the BVI and the only person likely to fall within any immunity debate. The arrest, looking at the facts, was lawful as is his detention by the US Authorities.
      • WOW (02/05/2022, 17:34) Like (2) Dislike (0) Reply
        Clearly you have 0 clue what you're talking about. Or your just being sarcastic because no way someone is this clueless.....
      • Keyser Soze (02/05/2022, 17:45) Like (29) Dislike (0) Reply
        He wasn't lied to. It was in FBI informant that he asked the question to!
      • hahahaha (02/05/2022, 17:51) Like (8) Dislike (0) Reply
        You are such an idiot to believe this nonsense.
      • No (02/05/2022, 18:21) Like (24) Dislike (0) Reply
        This is not a real law. Undercover officers do not have to disclose that they are police officers, this was a joke popularized by the TV show 'Breaking Bad' where a stupid character who deals drugs gets caught because he thinks this is a real law. Honestly consider this, why would an undercover agent have to legally reveal themselves if they are going undercover around extremely dangerous crimimals? That wouldn't make any sense.
      • Me (02/05/2022, 18:27) Like (1) Dislike (0) Reply
        You right because tief don't like to see tief how about that now
      • lol (02/05/2022, 18:28) Like (24) Dislike (0) Reply
        Dear commentor, the burden to prove is intent. And it was proven when Mr. Fahie and Mrs. Maynard went to the airport to recieve the payment. It shows acceptance to the deal. Your right about the police speaking the truth but your off point, an undercover officer is covered under differrent rule to protect their idenity so your can rule to say illegal arrest and he is not a police he is a law enforcement agent attached to The US Drug Enforcement Agency and their governed under different laws and code of conduct than that of your regular police officer. The only thing that unity them is the term law ènforcement. Its sad but the turth is if he being Andrew Fahie felt he was being set up then why he went personal to collect the money. Why he continue communication with the undercover agent with his suspicions. He made it ease for the DEA if you ask me.
      • my2cents (02/05/2022, 18:43) Like (20) Dislike (0) Reply
        No brethren, the undercover never said "no" he gave an answer Fahie felt was satisfactory. In cases like these the officer does drugs or some criminal act to show that they are not law. But I am not telling you from personal experience lol so Fahie will have to explain that. But if it smells like a fish, looks like a fish, it can tell you all day I'm not a fish. Who the cap fit let them wear it.
      • I don't understand.. (02/05/2022, 18:49) Like (7) Dislike (7) Reply
        How someone could entice somebody to commit an offense, participate in the commission of that same offense and turn around and arrest and charge that person.
      • Just Sayin (02/05/2022, 19:07) Like (27) Dislike (0) Reply
        i think that when the undercover person was asked that question..he padded it off by saying..." you not handling the drugs "..i think thats what he said.

        the fact is..there was clear intent for AF to do the crime..i.m sorry, but you cant fall being..."but you didnt tell me i was being set up"

        Are you ok that our top leader had clear intent to facilitate a terrorist organisation to move drugs through the BVI......or did i miss something
      • bad news (02/05/2022, 21:08) Like (9) Dislike (2) Reply
        hate tobreak the news to you but cops in America can legally lie to suspects,they do it all the time, also this was an informant not the arresting officers. Fahie is gone
      • WOW (03/05/2022, 16:42) Like (1) Dislike (0) Reply
        you're a real idiot , how can an undercover officer identify himself....wowwww really somebody sit down and write this crop
      • karma (05/05/2022, 01:20) Like (0) Dislike (0) Reply
        Was he a cop?
        No.
        A federal agent is not a cop.
        He had no cause in that. He's a rat that tried to get the cheese and git caught. Now he squealing tain me.
        Mehson he let the country down.
        He's one a we buh nuttin but shame and disgrace for his family.
        Poppa doc boboshanti babayaga can't help he now
  • Me (02/05/2022, 16:16) Like (32) Dislike (6) Reply
    Does Mr. Fahie have a "Diplomatic Passport" as other diplomatic heads may have?
  • Rubber Duck (02/05/2022, 16:34) Like (11) Dislike (0) Reply
    The UK handles diplomatic relations for BVI so you may guess as to whether they will waive it or not.
  • J&J (02/05/2022, 16:36) Like (1) Dislike (0) Reply
    Ops ?
  • Don’t you know (02/05/2022, 17:49) Like (16) Dislike (3) Reply
    And I hope VINO would post my blog. Ok, let’s say he is granted immunity, once he get back to Tortola, he might be facing charges as well. Pick your poison, jail in America or jail in the UK.
    • @Don’t you know (02/05/2022, 20:15) Like (3) Dislike (0) Reply
      This is my opinion only, my poison would be jail in America.
  • Jingle-Bells (02/05/2022, 17:51) Like (2) Dislike (25) Reply
    This should have not been published. This gives the ugly UK to go mess with the man's defence.
    • @Jingle-Bells (02/05/2022, 21:47) Like (10) Dislike (0) Reply
      I keep stressing to you guys, pleaseeeeeee
      Learn simple common sense. If it was not published, the UK would have been informed. The S…t is all over the international news sites that he wants immunity.
  • thats interesting (02/05/2022, 17:58) Like (8) Dislike (0) Reply
    surely diplomatic immunity does not extent to pre planned crimes ..??
    the Premiers country can waive diplomatic immunity..does this mean that decision falls with the sitting government, the governor or ultimately the UK. does anyone know the answers to these questions..really interested to know the answers.
    thanks
  • Nuttin tal go so (02/05/2022, 18:07) Like (23) Dislike (0) Reply
    The Premier is not a head of state. The British Virgin Islands is a UK Oversea Territory. The State is Britain. The Queen is Head of State. According to the BVI Constitution, the Premier is appointed by the Governor.

    Virgin Islands Constitution Order 2007, Sec. 52 (1) The Premier shall be appointed by the Governor as follow ....
  • Turtle Dove (02/05/2022, 18:14) Like (16) Dislike (0) Reply
    Diplomatic privileges can be revoked just like Belonger or Naturalization. It also is not automatic or inherent to the position. So if you give your friend permission to enter you home, does he/she have the right to steal or make a pass at your spouse? The friendship will be endangered instantly. So when if in the slightest chance he had any such diplomatic privileges it does not mean he can commit serious crimes in the host country without severe reprocussions... When in this matter his pride is not abated. Finally, what was the diplomatic duties he was conducting?
  • under age (02/05/2022, 18:37) Like (14) Dislike (0) Reply
    When under age girls lied about them age and a man get trap into what them say dies the lawyer and judge say she lied so the man can go free No No a big fat No so bull on if he say he is ir not a cop at end of the day a crime has been committed
  • Testing testing (02/05/2022, 19:23) Like (32) Dislike (0) Reply
    as the leader of government business mr man had no calling get involved with this level of conduct

    once that level on conversation came his way; he should have brought it to the commissioner of police and distance himself as the premier of our country





  • hmmm (02/05/2022, 19:37) Like (44) Dislike (2) Reply
    It is amazing that so many people are ok with saying he was set up and have no problem with the fact that the premier was a very willing participant in this major criminal scheme.
  • old (02/05/2022, 21:27) Like (7) Dislike (0) Reply
    Peoples must work for there money no easy money .
  • defence (02/05/2022, 21:28) Like (16) Dislike (0) Reply
    Even if he is freed in the US, he could be arrested and charged here for a number of offences. He is still deep in the woods
  • tolaman (02/05/2022, 21:47) Like (15) Dislike (1) Reply
    Didn’t the 19 page document says he took $20.000 in the Tortola meeting some months ago?
    And Maynard got $10,000. So was crime committed in the BVI too?
  • Optimist (02/05/2022, 21:54) Like (23) Dislike (1) Reply
    It's unfortunate that our focus is set on weather they were set up or lead in the situation. Why not focus on how deceitful our Premier is ?...why not focus on all the victims of drug abusers? Has society so blinded by the ills of todays world , that we can no longer justify wrong from right? It's sad to say our government has failed us.
    We are faced with the highest level of deceit; but yet, we protest that we are fighting for "our rights ".....I am praying for our people to get through this storm.
  • Edge (02/05/2022, 22:25) Like (20) Dislike (1) Reply
    You're not in any position to demand, command or otherwise. Your diplomacy is finished, your leadership has sunk the ship & it's time for a change. The minimum wage is 6$ for years, we the people have brought this to your attention on numerous occasions, you refuse to address it, instead you added a 7% tax on the monies being sent out & you pocketing millions for you & your cronies & have the audacity to talk about transparency & accountability not to mention God? Your tongue is just as heavy as your weight with the lies & deceit. You're definitely in the right church & pew & 30yrs should be the max!!
  • from buckingham palace (02/05/2022, 22:49) Like (13) Dislike (0) Reply
    SEC 80 OF THE BVI CRIMINAL CODE IS AN OFFENCE TO TAKE BRIBE.FAHIE IS NOT IMMUNE FROM PROSECUTION
  • Deli special (02/05/2022, 23:26) Like (3) Dislike (1) Reply
    Did anyone find out what was on the lunch menu at the Miami Federal lock up today? Chop liver on a slice of whole wheat bread milk and a fruit or tuna salad?
  • Paranoia1 (03/05/2022, 03:36) Like (1) Dislike (0) Reply
    To the Victor Goes the Spoils of War..
    The Pen is mightier than the Sword.. Who made that observation has an Phd. In Conspiracy Theories.. The Mob
    Stormed the White House in America.. And the Chief Conspiracy Theorist will not go to Jail..
    And then We asked how Come the Honorable Lady Holding the Scales of Justice is Wearing a Blind Fold..
    This is because History has Two Sides... The Winners and the loosers..The Fortunate and the Unfortunate..
    That is the Real Law...Not Murphy's Law..???!!!
  • musa (03/05/2022, 05:41) Like (0) Dislike (0) Reply
    My friend do notting fear notting
  • Nuttin tal go so (03/05/2022, 07:28) Like (6) Dislike (0) Reply
    This is just a selfish desperation move that further supports the notion of government corruption. He is using his office as Premier to engage in alleged serious criminal activity on foreign soil, well outside of his official duties as diplomat, and now wants to invoke diplomatic immunity.

    So let’s get this straight. He’s saying to the Court and the People of the Virgin Islands that he was executing duties of his office of Premier, when he was videotaped and audiotaped in Miami structuring drug trafficking and money laundering? He was acting as a representative of the BVI Government? This is just DISGRACEFUL at best!!!

    How far does he think this rabbit will go down the hole? Even if he is successful for the moment, once he returns the UK will revoke it; he will be forced out as Premier in disgrace; then, he will be extradited to face the charges. Worse yet, he further puts the people of the Virgin Islands in a terrible position of justifying why the constitution shouldn’t be suspended, especially since the highest office holder is abusing his office to avoid answering serious criminal charges. This is extremely selfish and disgraceful.
  • Tonnes of Laughter (03/05/2022, 10:57) Like (3) Dislike (0) Reply
    Tonnes of cocaine... This is how we define a Diplomat these days? The Columbian and Mexican cartels will LOVE that one.


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