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UPDATE: Trial begins for Brian Henley in 'breach of trust' matter

Brian Henley faces 14 counts of breach of trust before the Magistrate's Court.. Photo: VINO
ROAD TOWN, Tortola, VI – Four witnesses are expected to testify against interdicted Immigration Officer Brian Henley, 51, the man prosecutors have slapped with fourteen charges of breach of trust.

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.

19 Responses to “UPDATE: Trial begins for Brian Henley in 'breach of trust' matter”

  • @@@@@ (29/05/2012, 13:42) Like (2) Dislike (6) Reply
    see when coming to Virgin islanders they treat them like sh.. in the legal system..dem know these guys did nothing wrong..its just because they from here....its ah nasty place for locals
    • Not true (29/05/2012, 14:20) Like (7) Dislike (0) Reply
      How can you say it is not wrong for Customs Officers to allow persons to enter contrary to the proper rules and procedures in place to control and safekeep the borders? Furthermore, how can you believe it is not wrong for a BVI Customs Officer to accept $1000 from each person getting their passports stamped. I understand that for years proper protocol has been thrown aside for the "locals" to deal with as they see fit. But this is the unfortunate result of bypassing protocol and trying to earn a few extra dollars. It is one thing to have someone getting all government contracts, or stealing funds from the college or tourist board, but this is a case of border security. Maybe we don't take it seriously but the US does and they don't appreciate persons smuggling people into their country. If this is all just a mistake and merely a case of these two men doing what they always did without repercussion then hopefully they are let go with a slap on the wrist. The important issue is that our boarders are long and difficult to safeguard as it is without the customs and immigration officers helping some illegal activity to occur. Hopefully, the rules will be enforced as far as clearing people through the BVI in the future; and that is a good thing.
      • @Not true (01/05/2013, 13:25) Like (2) Dislike (0) Reply
        Quote Correct & Proper Facts
        BVI Customs(H.M. Customs) as you call them DOES NOT stamp passports.. It's BVI Immigration that deals with passports
  • so so (29/05/2012, 14:53) Like (4) Dislike (1) Reply
    school children say this is not the first
  • ... (29/05/2012, 15:14) Like (3) Dislike (7) Reply
    Mr Henley, I personally couldn't be more happy to see you in the media over some drama like this, i will for sure be glad to see you spend some time i jail. The world is round.
    • fmp (29/05/2012, 18:29) Like (9) Dislike (1) Reply
      It is never a good thing to rejoice in anyone's downfall. The world is round and you do not know when your turn is coming.
      • 2 (29/05/2012, 21:46) Like (0) Dislike (0) Reply
        for real as they better dig two man wold
        • jah (02/05/2013, 07:15) Like (1) Dislike (0) Reply
          The legal profession is assisting more well off people to become high calls thieves by the methods they usein courts to defend them
  • zoe (29/05/2012, 16:58) Like (0) Dislike (0) Reply
    this is sad how ever you turn it as somebody was set up
    • eye man (30/05/2012, 11:48) Like (0) Dislike (8) Reply
      Another perfect example of discrimination against indigenous virgin islanders!
  • freedom (30/05/2012, 00:17) Like (0) Dislike (3) Reply
    they need to let these brothers go as they did nothing wrong!!!
  • taxpayer (30/05/2012, 13:23) Like (4) Dislike (0) Reply
    I sometime get so depressed when I read some of these blogs. People please understand, justice MUST be for ALL or none at all. Justice must be applied across the board or we will face the consequences sooner than later. This is nothing more nothing less than unadulterated greed which must be brought to an end.
  • big head (01/05/2013, 14:39) Like (1) Dislike (0) Reply
    Not only should those responsible for the negligence be fired there mught me others
  • line up (01/05/2013, 17:59) Like (6) Dislike (0) Reply
    The very same people who are on here crying that locals are being persecuted are probably the same persons who support our porous borders.
    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.



  • c span (02/05/2013, 06:47) Like (0) Dislike (0) Reply

    your goose cook my yute.

  • ABC (02/05/2013, 13:28) Like (0) Dislike (0) Reply
    I can't wait for this trial to be over so that they can appoint him as Deputy Manager BVI Port Authority. He will compliment the present Managing Director.
  • Ummmm (03/05/2013, 11:05) Like (0) Dislike (0) Reply
    Some people belive they are simply above the laws of the bvi.


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