Premier Andrew Fahie’s request for diplomatic immunity has been rejected by the United States Attorney’s Office, Southern District of Florida.
This is according to a document obtained by 284News which said that the ‘Notice of Invocation of Immunity’ which was submitted by the premier’s attorney Theresa Van Vliet was not applicable to Premier Fahie .
The District Attorney’s Office highlighted two main grounds which made the request filed on behalf of the premier null and void, stating “that “Notice” has no legal effect at all.”
“It appears that claim is based on a statement in the complaint affidavit that the Defendant was, and is, the Premier of the British Virgin Islands. While it is true that the complaint affidavit correctly described the Defendant’s current title, that description does not convey upon the Defendant head of state immunity,” the documented stated.
It added, “The Executive Branch of the United States Government does not recognize the British Virgin Islands as a sovereign state, or that Fahie is entitled to any immunity from this prosecution. Accordingly, the Defendant does not and cannot enjoy immunity as a head of state or government.”
Attorney Van Vliet submitted the Notice on behalf of the Premier on May 2.
The ruling on the matter by the the United States District Court Southern District of Florida remains pending.
Meanwhile, the Notice stated that Premier Fahie “hereby notices his invocation of all rights of and to immunity under international and domestic law, as the duly elected and sitting head of government of the Virgin Islands, a British Overseas Territory, including but not limited to immunity from arrest and detention, entitling him to immediate and unconditional release from detention by the United States.”
The premier is presently detained in Miami on serious charges of conspiracy to import a control drug and money laundering. He is jointly charged with Managing Director of the BVI Ports Authority Mrs. Oleanvine Maynard along with her son Kadeem Maynard.
He is set for a pre-trial detention hearing today Wednesday May 4.