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UPDATE: Trial begins for Brian Henley in 'breach of trust' matter
Principal Crown Counsel Tiffany Scatliffe made the disclosure when the matter was called before the Magistrate’s Court today, May 1, 2013.
She further stated that only two of the witnesses would be available to offer testimony in the matter for today’s hearing.
The prosecutor announced that the witnesses called today would be Head of Her Majesty’s Customs Wade Smith and Chief Immigration Officer Dennis Jennings.
Henley is charged with 14 counts of breach of trust for allegedly stamping the passports of 13 Brazilian nationals in February 2011; he is currently on $70, 000 bail.
See previous story posted May 29, 2012:
Seven witnesses to be called in Immigration Officers’ PI
ROAD TOWN, Tortola, VI – When the Preliminary Inquiry (PI) into two Immigration Officers (IOs), who are facing breach of trust charges, commences on July 5, 2012, seven witnesses will be called by the Crown.
The duo, Brian Henley and Clarence Fahie, appeared in the Magistrate’s Court this morning, May 29, 2012, for the PI but Principal Crown Counsel Tiffany Scatliffe asked for an adjournment.
Henley is charged with 14 counts of breach of trust for allegedly stamping the passports of 13 Brazilian nationals in February 2011, while Fahie is charged with one count of breach of trust.
Court records revealed that on January 14, 2011 it is believed that an unknown number of nationals entered the Virgin Islands (VI) in an unknown vessel, and six days later – January 20, the US authorities received information that a boat was leaving Cane Garden Bay en-route to the USVI. The vessel was intercepted by US officials the following day and subsequently four persons were nabbed.
When questioned, the individuals revealed that their passports were stamped in the Virgin Islands by an Immigration Officer. Officers were able to determine the signature to be that of Henley.
Investigations also indicated that the four individuals were not properly cleared in the VI. The following month, on February 10, 2011 it is alleged that Henley met the vessel MV Paint In Black at Village Cay marina where he cleared 13 Brazilians.The court heard he allegedly contacted Fahie to assist him.
It is alleged after he cleared the Brazilians, he used his personal taxi to transport them to a guest house in Cane Garden Bay. However, on February 11, through an anonymous tip, Customs and Immigration officers swooped in on the guest house and took the 13 individuals into custody.
They were subsequently interviewed and repatriated to their homeland. According to the prosecution, Village Cay is an unauthorized port of entry and if an officer had to clear a vessel, permission had to be granted from the Chief Immigration Officer or Commissioner of Customs. But from all indications, there is no documentation from either Customs or Immigration for the vessel to be cleared.
It was also disclosed that MV Paint In Black came from St. Marteen and that according to the Brazilians they each paid $1,000 to get a BVI stamp.
The men are on $70,000 bail each with signed surety.
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19 Responses to “UPDATE: Trial begins for Brian Henley in 'breach of trust' matter”
BVI Customs(H.M. Customs) as you call them DOES NOT stamp passports.. It's BVI Immigration that deals with passports
Recently I have witnessed a local family being waived through by a very friendly and no doubt related Immigration Officer with no checks. On another occasion a young and diligent Customs Officer was castigated by a senior colleague for stopping and searching a man who was obviously related to the senior Officer. The abuse the young Officer was so loud and vocal that the shock caused him not to complete the search. One hears of criminals finding out when thier friendly Officers are on duty. I wonder why.
If proven guilty, I hope that this Officer is made an example of, because it is a serious case of a breach of trust. We expect Officers of the Police, Customs, and Immigration to uphold the law, rather than cross that narrow line. It matters not where they are from.
your goose cook my yute.