Former premier Andrew Fahie and his authorized crew have argued that there might be no makes an attempt at making an entrapment defence when his trial comes up subsequent month.
Prosecutors had filed a movement to dam Fahie’s use of the entrapment defence, which is used when an accused individual claims they by no means would have dedicated against the law if legislation enforcement officers had not persuaded or lured them into doing so.
However in submitting a response however that movement, Fahie’s legal professional, Theresa Van Vliet, said: “With out waiving some other defence accessible to the defendant, together with any components of entrapment which will help a separate defence, the Defence [team] doesn’t presently intend to boost the entrapment defence at trial,” Fahie’s legal professional mentioned in a latest movement.
Nonetheless, Fahie’s legal professional requested that the Prosecution’s movement to preclude the entrapment defence be denied with out prejudice, arguing that it might need to change techniques if one thing adjustments at a later time.
Equally, Van Vliet requested that the Prosecution’s movement to preclude cross-examination into delicate investigative methods be denied with out prejudice.
The Prosecution had argued that the defence shouldn’t query any authorities witness relating to the precise recording gadgets used within the case nor how such gadgets have been secreted on its confidential supply or any spy.
The Prosecution contended that arguments over the gadget’s location might doubtlessly jeopardise delicate legislation enforcement methods and held no relevance to the content material of the damning recordings Fahie is alleged to have been caught on.
The previous Premier might be tried for drug smuggling, cash laundering and racketeering when his trial begins on January 8, 2024, and might be sentenced to life imprisonment if convicted on the fees towards him.
The costs allege that Fahie and others have been deeply concerned in an elaborate drug and cash laundering scheme, which was set as much as make the BVI’s waters a thoroughfare for tonnes of cocaine shipments.
His co-accused Kadeem Maynard has already been sentenced to 57 months in jail after pleading responsible earlier this 12 months to a single rely of conspiracy to import cocaine.
Maynard’s mom, former Managing Director of the BVI Ports Authority Oleanvine Pickering Maynard, additionally pleaded responsible to the identical cost in a separate plea settlement and is anticipated to be the Prosecution’s predominant witness.
Her sentencing has been set for January 18 — simply 10 days after Fahie’s trial commences.
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