The attorney of former Premier Andrew Fahie has filed an unopposed motion in the United States District Court Southern District of Florida to have Fahie’s case postponed for a third time, from the latest set date of July 17, 2023, to a date no earlier than November 1, 2023.
This was confirmed in court documents seen by 284 Media, dated Tuesday, June 20, 2023.
The motion was filed by attorney Theresa Van Vliet who argued that the United States government’s refusal to provide requested information on the confidential source ahead of the trial, along with other factors, have impacted her ability to properly prepare ahead of the current set July trial date.
“The undersigned [Theresa Van Vliet] does not have adequate time to prepare for a trial in this case in mid-July 2023, nor to address any pretrial filings until the Government completes its discovery obligations and until such time as the Court may rule on the pending filings relating to the identity of the confidential informant,” the document stated.
Sealed Motion not yet resolved
Van Vliet also informed the court that she was yet to receive information from the US government that was due to be submitted by mid-June, adding that a previously filed Sealed Motion was yet to be resolved.
The motion was filed on February 1, 2023, for the production and inspection of Brady and Giglio Material requesting an order directing the US government to respond to Fahie’s repeated requests “for exculpatory and impeachment information related to the confidential source”.
This request was declined by the US government on February 10, after which Fahie responded, filing a reply on February 16. Subsequent court hearings were held on March 10 and April 27 where Fahie presented supporting arguments in a sealed ex parte meeting that also saw the US government submitting arguments on their concerns relating to the disclosure of the requested information.
“The Sealed Motion and the Response and Reply thereto have not been resolved as of the date of this Motion, and the June 16, 2023 deadline for the Government to provide the requested information has passed under the terms of the Protective Order,” the motion stated.
The Maynards impact on Fahie’s trail
The motion also addressed how the recent change in pleas by co-defendants Kadeem Maynard and Oleanvine Maynard has impacted the attorney’s ability to be prepared by July 17.
The mother and son duo pleaded guilty to a count of conspiracy to import cocaine and signed off on a Factual Proffer which stated that between March 16, 2022, and April 28, 2022, they both, along with then Premier Fahie conspired with each other and a purported cartel member, to ship thousands of kilograms of cocaine through Tortola to the United States.
“Undersigned counsel has conferred with counsel for the Government, and it anticipates being in a position to provide Giglio, Napue, and other discovery relating to the Maynards in two (2) weeks,” the document stated.
US Govt agrees with the postponement
Van Vliet in her motion argued that with all the factors listed, there was insufficient time to file the motions, permit the US government’s response and any reply, and give the court time to consider the matter and/or have an evidentiary hearing.
The US government, while admitting that it did not agree with the merits of Fahie’s pre-trial motions and the need for an evidentiary hearing, agreed with Van Vliet that the current set trial date in July will not accommodate filings relating to the pretrial issues identified by the former premier.
“The undersigned is authorized to represent for the government that it awaits the Court’s order before it will disclose the identity of the confidential source and that it has not yet decided whether it will call the confidential source as a witness,” the motion stated.
Fahie’s trial was initially set to commence on July 18, 2022, before an unopposed motion was filed that resulted in the case being postponed to January 9, 2023. A second unopposed motion was filed in December 2022 to further delay the trial and resulted in the most recent date of July 17, 2023.