Legal Dilemma Arises After Jurors Disagree in British Virgin Islands Premier’s Drug-Trafficking Trial

Moments after 12 Miami federal jurors unanimously convicted former British Virgin Islands Premier Andrew Fahie of a drug-trafficking conspiracy, two jurors approached U.S. District Judge Kathleen Williams to express dissent, claiming a change of heart regarding Fahie’s guilt.

Despite their objections, Judge Williams had already polled each juror on their unanimous guilty verdicts and discharged them. Fahie was subsequently found guilty of conspiring to import cocaine into the United States, along with three related charges of money laundering and racketeering.

Now, Judge Williams, federal prosecutors, and Fahie’s defense attorneys grapple with a legal quandary: Can the judge reconvene the jurors and re-poll them on their trial verdicts, given their discharge?

Such a move is typically impermissible without evidence of external pressure or discriminatory behavior within the jury. No such evidence has emerged in Fahie’s case, further complicating matters.

During a post-verdict hearing in Miami federal court, Judge Williams acknowledged the limited avenues for exploration. Federal prosecutors argued for adherence to the unanimous guilty verdicts, emphasizing that the jurors had been discharged unless there was a clear mistake on the verdict form.

Fahie’s defense lawyer, Theresa Van Vliet, urged the judge to re-poll the dissenting jurors, citing the significant implications for Fahie’s sentencing. Van Vliet also disclosed that one dissenting juror had left a voicemail message on her law firm’s phone, prompting further inquiry.

Judge Williams proposed that both sides listen to the voicemail recording privately and report back to her, directing them to file motions by Thursday to address the legal conundrum and propose potential solutions.

Fahie, arrested in April 2022 following a U.S. Drug Enforcement Administration sting operation, faces a mandatory minimum sentence of 10 years up to life. Prosecutors portrayed Fahie as a willing participant in drug smuggling, alleging his involvement in bribery payments for access to the British territory.

Fahie’s defense team argued that he was framed by the United Kingdom and denied any intention of enriching himself through cocaine shipments. His sentencing is scheduled for April 29 before Judge Williams, as legal deliberations continue over the unusual circumstances surrounding his trial verdict.