Lawyers for the premier of the British Virgin Islands, Andrew Fahie, have requested his immediate release from US prison citing diplomatic immunity.
In a filing in a Miami federal court, Fahie invoked immunity rights under international and domestic law as the elected and sitting head of government of the British Overseas Territory.
According to the filing, Fahie’s diplomatic rights would extend to immunity from arrest and detention.
This would entitle him to immediate and unconditional release from detention in the United States, his lawyers have argued.
The “notice of invocation of immunity” filing said US authorities had recognised Fahie as the head of the BVI government and there had been “no known express waiver” of the immunity conferred to him under international and domestic law.
Fahie was arrested on 28 April at Miami-Opa Locka Executive Airport after the US Drug Enforcement Agency alleged he agreed to ensure the safe passage of cocaine shipments through the Virgin Islands in an undercover sting.
The BVI premier was charged with one count of conspiracy to import more than five kilos of cocaine and one count of conspiracy to launder money.
Whether Fahie can successfully cite diplomatic immunity is not clear. British Overseas Territories are under the jurisdiction and sovereignty of the United Kingdom.
Even though many government functions in Overseas Territories are devolved to local parliaments, the OTs have no competency for foreign policy and the Foreign, Commonwealth and Development Office remains responsible for diplomatic relations.
Even in cases where diplomatic immunity can be established, those rights can be waived by the foreign government.
Moreover, the UK government may be poised to impose direct rule in the BVI, after a Commission of Inquiry report last week recommended the dissolution of the BVI’s constitution and the transfer of power to the UK-appointed governor for an initial two years.
The Commission of Inquiry was established in January 2021 to look into whether corruption, abuse of office or other serious dishonesty may have taken place amongst public, elected and statutory officials.
The report by Commissioner Sir Gary Hickinbottom found that in almost all areas of government “the principles of good governance, such as openness, transparency and even the rule of law, are ignored”.
While it was not the commission’s mandate to mount in-depth investigations into specific corruption allegations, the report said, based on the evidence, it would be almost impossible not to conclude that such dishonesty had taken place.
Fahie is scheduled to appear in court for a pre-trial detention hearing on Wednesday, 4 May, and a preliminary hearing for 13 May.
Related Videos
