Fahie Appeals Over 'Fake' Cocaine Claims
Former Premier Andrew Fahie has filed an appeal with the U.S. Court of Appeals for the Eleventh Circuit, arguing government misconduct and that the shipment at issue was chemically treated so it would not test positive for cocaine. His lawyers ask the court to dismiss the indictment, vacate the cocaine-conspiracy conviction, or order a mistrial or further hearings after raising juror and informant credibility concerns.
Former Premier Andrew Fahie has formally appealed his February 2024 U.S. criminal convictions, arguing among other points that the government’s sting involved a substance that "would never test positive" for cocaine and that authorities withheld damaging information about the confidential informant’s credibility.
The Initial Brief of Appellant, filed this week with the United States Court of Appeals for the Eleventh Circuit, asks the appellate court to overturn the convictions or order further proceedings. Fahie was convicted of conspiracy to import five kilograms or more of cocaine, conspiracy to engage in money laundering, attempted money laundering and foreign travel in aid of racketeering, and was sentenced to more than 11 years in prison.
Fahie’s attorneys raise three principal grounds for relief. First, they assert significant government misconduct: they say a Mexican judicial officer previously found the confidential informant in this matter had credibility and reliability issues, a finding that led to the dismissal of corruption charges against Mexican officials.
The appeal alleges U.S. authorities were aware of that adverse credibility finding but did not disclose it either during bond hearings or at trial. Second, the brief focuses on the nature of the shipment at the centre of the conspiracy charge. According to the filing, the informant repeatedly described the cargo as liquid construction materials that had been chemically treated so they would "never, never, never" test positive for cocaine during inspections.
The informant allegedly explained that cocaine could only be extracted after a four-day chemical process in Puerto Rico. Fahie’s lawyers contend that federal law requires proof that the substance contained a detectable amount of cocaine while in transit, which they say the government failed to establish.
The third issue raised concerns jury unanimity. After the verdict and discharge of the jury, two jurors reportedly expressed dissatisfaction; one said the verdict the court recorded was not the one she meant during polling. The district court conducted a limited inquiry but denied a mistrial.
The appeal asks the Eleventh Circuit to dismiss the indictment, vacate the cocaine-conspiracy conviction, or order a mistrial or evidentiary hearing on the juror issue. For BVI residents, the appeal is significant both politically and legally. Fahie’s convictions and imprisonment removed a sitting premier from office and reverberated through local politics and public trust in governance.
If the Eleventh Circuit were to vacate convictions or order a new trial, it could alter his legal status and renew political debate at home. If the appeal is denied, Fahie will continue to serve his sentence under the existing judgment. Appellate proceedings can take many months. BVI Live will continue to follow the case and report material developments affecting the territory and its political landscape.
Primary source: BVI News