The verdict of ex-premier Andrew Fahie has been in limbo since its announcement on 8th February 2024. He remains locked up in Miami after being convicted of cocaine smuggling and other charges. 

U.S. District federal Judge Kathleen Williams has still been unable to resolve doubts raised by two jurors after the announcement of the verdict. She initially gave the parties a deadline of 15th February to determine a way forward. Those submissions were completed. However, yesterday, Tuesday during a court hearing, she advised both sides — federal prosecutors and defense attorneys, to return to her courtroom on 7 March with a potential legal solution to the problem.

“From the start, this has been an unusual case in many respects,” Williams said at the end of the court hearing yesterday. 

On Feb. 8, the 12-person jury found ex-BVI premier Andrew Fahie guilty of conspiring to import cocaine through the British territory to the United States and three related money-laundering and racketeering charges. After the verdict, the judge polled each of the jurors who confirmed that Fahie, 53, was guilty of the four charges. Williams then discharged the jurors.

Within minutes of being officially let go, however, two of the jurors; a man and a woman, contacted the judge to say they had apparent misgivings about their verdicts, setting the stage for an unusually rare post-trial dispute.

Federal prosecutors have said in their submission that the judge should stick to the original verdicts, arguing there’s no legal basis to bring the two jurors back into court to question them about their verdicts. The prosecutors pointed out that there is no evidence of a verdict mistake, internal or external pressure on the jury, or racist attitudes toward the defendant.

Defense attorneys however have countered that, despite constitutional limits on questioning a jury about deliberations, there is no reason why the two jurors with doubts about their verdicts cannot be polled again by the judge. 

Williams, expressing frustration over finding a legal basis to resolve the verdict problem, called their discussions “meaningful.” But she pressed both sides to continue examining past cases in South Florida and around the country to help her reach a “just solution.”

Hopefully, our discussions will be fruitful,” Fahie’s defense attorney, Theresa Van Vliet, told the judge. “There’s no lack of trying.”

Judge Kathleen Williams yesterday cautioned both sides about having any contact with the 12 jurors who served at Fahie’s trial.