Following controversy surrounding the BVI Airways Audit report reaching the House of Assembly (HoA) one month after its statutory deadline from receipt by the Governor, Premier and Minister of Finance, Hon Andrew A. Fahie (R1) has indicated that the BVI Airways case is now under criminal investigation. Photo: BVI Airways/File

In September 2019, the Attorney General of the Virgin Islands, on the back of the findings of the interim report by MKS, filed an application for pre-action discovery against attorney Lester S. Hyman before the US District Court for the District of Colombia. Photo: Wikipedia

Premier and Minister of Finance, Hon Andrew A. Fahie (R1) indicated that the BVI Airways case is now under criminal investigation and so the Report laid in the House of Assembly on May 28, 2020 could not be debated. Photo: VINO/File.

“We usually would have allowed a preamble but I cannot do any preamble on this one. Mr Speaker, I can only lay it on the table,” Premier Fahie told the House yesterday, May 28, 2020.

RVIPF Investigating 

The Premier was at the time speaking at the opening of the highly anticipated Eighth Sitting of the Second Session of the Fourth House of Assembly (HoA), where the report was to be discussed, however, with it now in the hands of the Royal Virgin Islands Police Force (RVIPF) it means the matter cannot be debated.

“I cannot say anything further on this matter as we have been informed by the Commissioner of Police that this is now under a full criminal investigation,” Premier Fahie added.

Virgin Islands News Online (VINO) reached out to Commissioner of Police, Mr Michael B. Matthews who declined to comment on the basis that it was a live investigation.

Governor under fire 

As part of yesterday's May 28, 2020, proceedings in the House, Governor Jaspert was also accused by the House Speaker, Hon Julian Willock, of interference with the Legislative through his attempt to "strongly urge" the Premier to keep a sitting of the House by May 7, 2020, in keeping with the statutory deadline for the report to be tabled.

It was revealed by the Premier that the Governor had been in receipt of the report since February 7, 2020; however, he only tabled it to Cabinet on April 22, 2020, and this, the Premier said, was insufficient time for Cabinet to be able to do its job properly, given the statutory deadline.

Third District Representative, Hon Julian Fraser RA (R3) also moved a motion to have the Governor reprimanded for violating both the Audit Act, 2003 and the Virgin Islands Constitution Order, 2007. 

BVIA Scandal 

The scandalous missing money and missing planes of the failed $7.2M BVI Airways deal initiated by ousted National Democratic Party (NDP) Government have long been a matter of great public interest and have since been taken to a US court by the VI Government.

The crux of that lawsuit alleges that the former Attorney for the VI Government, Lester S. Hyman personally profited from the failed BVI Airways, a dereliction of his professional obligations as the Governments' Attorney.

The case was filed by the Office of the Attorney General on behalf of the VI Government.