Mistrial May Be Called For Former Bvi Premier After Two Jurors Recant Their Positions
MIAMI, FL - Judge Kathleen Williams has ordered both the prosecution and defense to file motions by Thursday after two jurors have sought to recant their positions regarding the unanimous verdict against former British Virgin islands (BVI) premier, Andrew Fahie, who was found guilty on drug and racketeering related charges earlier this month.
Fahie was schedule to be sentenced on April 29, 2024 after he was convicted on February 8 after a trial that lasted eight days, with the 12 member jury returning guilty verdicts of conspiracy to import a controlled substance, conspiracy to engage in money laundering, attempted money laundering, and interstate and foreign travel in aid of racketeering.
But in an unusual situation, two of the jurors have contacted the judge to say they did not actually agree with the guilty verdicts, presenting a rare predicament on whether or not a jury’s verdict stands if members later recant their on-the-record position.
Fahie’s defense lawyer, Theresa Van Vliet, has acknowledged that she too could not find a similar case, but has requested re-polling the two dissenting jurors, if not all 12. But the prosecution argues the unanimous verdicts must stand since no “mistake” was made on the verdict form.
The matter is further complicated by constitutional restrictions on probing jury deliberations. The judge has called this scenario unprecedented and acknowledged her limited options and has since ordered both sides to file motions on the matter by this Thursday.
She told the prosecution and defence teams that she looked at other cases and said there was none with this particular scenario where some jurors changed their minds immediately after giving a guilty verdict.
“I have extremely limited avenues to explore,” the judge said.
Legal experts said the judge could let the verdicts stand or declare a mistrial, requiring Fahie to be retried before a separate jury panel.n.
During the original trial, the prosecution relied on the information provided by a Drug Enforcement Agency (DEA) informant, who had initially made contact with Fahie’s co-conspirators, Oleanvine and Kadeem Maynard – the British Virgin Islands’ former head of ports and her son.
The conspiracy’s objective was to bribe BVI authorities to ignore the movement of cocaine-laden ships using the Tortola coastline as a transient haven en route to US ports.
The prosecution alleged that for his involvement, Fahie was to receive a share from each cocaine sale, part for personal gain and part to ensure the complicity of key public officials.
The court heard that while in Miami, Fahie and Ms. Maynard, inspected what they believed to be their initial shipment of cash, US$700,000, to be divided between them, aboard a private jet at Miami-Opa Locka Executive Airport.
During the trial, Fahie maintained his innocence of the charges carry severe penalties, with the money laundering counts each warranting up to 20 years in prison and the racketeering charge up to five years. The conspiracy to traffic cocaine, could lead to a life sentence and a fine of up to US$10 million.
Fahie, who pleaded not guilty, was arrested in April 2022 by officers posing as cartel members and the Maynards, who had previously entered guilty pleas to their charges were granted lighter sentences.
Fahie, who had been on bail and residing at his daughter’s Miami apartment, has since been taken into custody.
