Fahie files motion to dismiss prosecutors appeal against his bail | Loop Cayman Islands

The content originally appeared on: Cayman Compass

The lawyer representing former BVI Premier Andrew Fahie has filed a motion to dismiss the appeal of the bail bond which was previously offered by the Miami District Court.

Attorney Theresa Van Vliet said the US Attorney’s Office filed its Notice of Appeal on May 5, one day after bail was offered.

However, she claims that the court clerk’s failure to provide documents to the government counsel has impeded the progress of her client’s appeal. This she said, is why the embattled former Premier, is still in custody.

“While the delay is not believed to be of the government’s doing, the plain fact is that Mr Fahie’s bond status has fallen victim to a lack of compliance with the mandatory rules of this Court and more broadly to the statutory and constitutional right to a prompt bond process,” Van Vliet said in her motion to dismiss.

She said Fahie was entitled to have the appeal process completed and that he continues to be detained through no fault of his own.

“Given that the 48-hour window closed almost four days past, Mr Fahie respectfully requests that the Government’s NOA be dismissed or, alternatively, that the stay of bond be lifted or denied to the extent is sought to be renewed and that he be permitted to post the bond set by Magistrate Judge Otazo-Reyes on May 4, 2022,” the motion continued.

The United States prosecution has since filed a response to the motion to dismiss the appeal stating that Fahie’s request is without basis inside the law and should be denied in front of the court.

Presiding Judge Alicia Otazo-Reyes had granted Fahie bail in the sum of $500,000 when he appeared before her facing drug and money laundering charges.

The bail came with several strict conditions. Fahie was expected to surrender his travel documents and wear an ankle monitor. His success was short-lived as the US Attorney’s Office appealed the ruling.

This story will be updated.