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UPDATE: Belle Vue man gets 9 months for Criminal Trespass

Sherwin Fahie was sentenced to nine months in prison on the charge of Criminal Trespass when he appeared before the Magistrate's Court on December 17, 2012. Photo:facebook
ROAD TOWN, Tortola, VI – Sherwin Fahie, 33, of Belle Vue was sentenced to 9 months in prison when he appeared before Senior Magistrate Tamia Richards on December 17, 2012 after being convicted on the charge of Criminal Trespass.

The accused was found removing building materials in the back of a pick-up truck from a work site at a private home at Stevens’ Estate in Shepherd's Hill, Virgin Gorda on April 25, 2012. Fahie had allegedly told the arresting officer that he was given permission by a worker to remove the materials but was unable to give the name of the individual at the time.

Principal Crown Counsel represented the prosecution in place of Crown Counsel Herbert Potter, who had conduct of the matter initially. The defendant was represented by attorney at law Mary Lou Creque.

The penalty upon conviction of Criminal Trespass is either a fine of $1000 or an alternative of one year’s imprisonment.

Prior to his conviction, the defendant’s attorney told the court that the accused is a Virgin Islander and former employee of the BVI Ports Authority. The father of four is also serving a sentence, which is currently before the court on appeal. She further indicated that the defendant was in no position to pay a fine if not given a custodial sentence.

Magistrate Richards in handing down her sentence related that the accused was not remorseful about the crime for which he was convicted and told him that his sentence would be in effect immediately following the expiry of any sentence that he was currently serving.

See previous story published May 10, 2012:

Alleged lumber thief claims he is no thief

Sherwin Fahie takes the stand in Magistrate's Court

ROAD TOWN, Tortola, VI - Sherwin Fahie, who allegedly tried to steal lumber from a construction site at Shepherd Hill, Virgin Gorda, took the stand in his defense during his trial in the Magistrate’s Court yesterday May 9 2012, and declared he is no thief.

The Crown based its case on what allegedly occurred on April 25 2011, where Police found Fahie in a black Pick-Up Truck with some building materials in the back.

While he was questioned by his lawyer Marie-Lou Creque, the defendant claimed that he only visited the location on two occasions, one being the night in question and the other a few days before. In both instances, he testified taking his friend who goes by the alias ‘Cuban’ to drop off and pick up tools.

Fahie testified that on the night in question, April 25 2011, Cuban went into the house, the area was dark and he used his phone as a ‘flashlight’.

“I saw lumber on the property but did nothing to it”, Fahie testified.

While waiting in the Pick-Up Truck, Mr. Fahie claimed that someone came and identified himself as an officer. “I was sitting on the tailgate of the truck, facing the house under construction.”

“The officer asked me what I was doing there, I replied that I came to drop off a guy who was working on the house to pick up his tools, the officer asked me to call the guy and after several times the guy came out of the house. I told Cuban to explain to the officer why I was there, but Cuban came up the hill, made eye contact with the officer then left the area, I asked Cuban where he was going but I got no answer. When I reached out to grab Cuban, the officer pointed his Firearm on me and told me to do not move,” said Fahie.

Fahie told the court that he asked the officer, why did he let the other guy (Cuban) go after he already explained why he was there, but the officer allegedly replied, “I don’t want to hear nothing”.

With Cuban allegedly out of sight, the accused stated that the officer asked him what was the main reason he was at the site and began speculating that he came to steal. In light of this, Fahie claimed he told the officer, “I don’t indulge myself in criminal acts like thieving”.

The officer then called the Police Station for back up.

Under cross examination by Crown Counsel Herbert Potter, Fahie was shown photographs of the truck and the pieces of wood found in the back.

Mr. Fahie told the court that nothing in the truck was his, and couldn’t be accountable for what was there, and added. “the truck belongs to my cousin, Wilbert Fahie and everything in the truck is his.”

Crown Counsel Potter told Fahie, “I put it to you that the whole story you told us earlier about the guy picking up tools is not true. I put it to you that you had no legitimate reason being on the site, you were there to pick up wood, you drove a truck perfect to pick up wood and walked with ropes to secure the wood in your truck.”

In response to this Fahie stated, “There was no wood in the back of the truck and even if there was, I was in no position to take them out, because the officer’s gun was aiming at me.”

Potter then informed Fahie that the officer who was present on the night, had testified that Fahie told him he didn’t know the guy’s name and he was alone.

After the cross examination, Potter rested his case and Fahie’s lawyer Ms. Creque asked Magistrate Tamia Richards for at least two weeks to give her submission by May 25. The trial will resume on June 22, 2012.

16 Responses to “UPDATE: Belle Vue man gets 9 months for Criminal Trespass ”

  • George W. Tush (10/05/2012, 08:33) Like (2) Dislike (3) Reply
    if it walks like a duck and do things like a duck tis a
  • Just Saying (10/05/2012, 08:41) Like (1) Dislike (3) Reply
    I feel for u and especially if the police had his gun in your was never said that you threatened his life so why was his gun in your face. You obviously weren't a threat. That police was gun happy apparently! To Police : It's mad funny how you have to sign in and out when u get to work for your gun!
  • polo (10/05/2012, 08:55) Like (1) Dislike (3) Reply
    Sherwin was thirsty man he wanted to build he
  • JOL (10/05/2012, 08:59) Like (6) Dislike (1) Reply
    Sherwin....I seriously think when you are done with all these cases, you really need to get off this island. Cause the poppos will always harrass you even if you are innocent. Wish you get over this hurdle my boi.
    • to Jol (19/12/2012, 12:44) Like (0) Dislike (0) Reply
      How is he going to get off the island when he's currently serving 25 years at Balsum Ghut?
  • Random (10/05/2012, 09:04) Like (4) Dislike (0) Reply
    The officer had a gun, since when PoPo's does carry guns
  • Truth Is (10/05/2012, 09:54) Like (3) Dislike (3) Reply
    I think Fahie is innocent in this one. Why did the police meet two persons on the scene and let one go without questioning him? The police did not see him take any lumber from the scene. I agree with the person who said this guy needs to leave the island if he gets out of this one for the police will continue to harrase him for every little thing. They have marked a few of our young men here for every crime and fail or are too scared to go after the big fish.
    • the rock (19/12/2012, 08:39) Like (5) Dislike (0) Reply
      this guy needs to get his damn act together..u'all here talking crap about police this and police that..he got an oppertunity of a life time and he blew it..stop incouraging the dude with crap!
  • crankshaft (10/05/2012, 09:56) Like (4) Dislike (0) Reply
    that dominican jumbee working now
    • ------------------------- (10/05/2012, 10:35) Like (0) Dislike (2) Reply
      geeze um break..ayo aint easy!
    • jumbee time (19/12/2012, 12:03) Like (2) Dislike (0) Reply
      Yeap the woman did say you kill me child but you will live in jail for ever...... Believe it happening now
  • wellsaw (10/05/2012, 10:01) Like (2) Dislike (0) Reply
    Sounds like Sherwin went on the construction site with a "Cuban" watch the police, walk off and disapper in the horizon like a move? Wellsaw
  • cross (19/12/2012, 08:36) Like (1) Dislike (0) Reply
    I wish I could take him across my lap.

  • jack (20/12/2012, 19:13) Like (0) Dislike (0) Reply
    what u sow u reap

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