Former Premier for the British Virgin Islands, Andrew Fahie, has filed an unopposed motion to have his trial date moved from mid-July to November 2023.
In a seven-page document filed before a Florida court by his attorney Theresa Van Vliet earlier this week, a change of plea by his two co-accused earlier this month was listed as being among the reasons offered up for the delay.
Kadeem Maynard and Oleanvine Pickering Maynard both pleaded guilty to one count of conspiracy to import cocaine after prosecutors removed charges of conspiracy to commit money laundering and attempted money laundering from the indictment the duo faced. US prosecutors also agreed to recommend leniency at sentencing.
Fahie also pointed out that his earlier request to discover the identity of the prosecution’s confidential source has still not been fulfilled by the court.
“As previously noted, Mr Fahie contends that he needs the information in order to file certain pre-trial motions,” the motion read. “The Court, without objection from the [prosecution], previously ruled that such motions could be made anytime before trial.”
Van Vliet told the court that there is insufficient time to file the motions, permit the prosecution’s response and any reply, and give the Court time to consider the matter or have an evidentiary hearing ahead of the slated July 17 trial date.
After preliminary discussions relating to timing with the prosecution, Van Vliet said she was authorized to share that the prosecution agrees that the presently set trial date will not accommodate filings relating to the pretrial issues identified by Fahie.
This is despite the prosecution’s disagreement with the merits of Fahie’s pre-trial motions and the need for an evidentiary hearing in the matter.
“[Fahie] 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 [prosecution] 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 motion read.
It added: “Considering the foregoing, Mr Fahie requests that the Court continue the presently set trial date and reset this matter no sooner than November 1, 2023, and further that it reset all currently set pretrial deadlines.”
