Sherwin Fahie was sentenced to nine months in prison on the charge of Criminal Trespass when he appeared before the Magistrate's Court on December 17, 2012. Photo:facebook

The accused was found removing building materials in the back of a pick-up truck from a work site at a private home at Stevens’ Estate in Shepherd's Hill, Virgin Gorda on April 25, 2012. Fahie had allegedly told the arresting officer that he was given permission by a worker to remove the materials but was unable to give the name of the individual at the time.

Principal Crown Counsel represented the prosecution in place of Crown Counsel Herbert Potter, who had conduct of the matter initially. The defendant was represented by attorney at law Mary Lou Creque.

The penalty upon conviction of Criminal Trespass is either a fine of $1000 or an alternative of one year’s imprisonment.

Prior to his conviction, the defendant’s attorney told the court that the accused is a Virgin Islander and former employee of the BVI Ports Authority. The father of four is also serving a sentence, which is currently before the court on appeal. She further indicated that the defendant was in no position to pay a fine if not given a custodial sentence.

Magistrate Richards in handing down her sentence related that the accused was not remorseful about the crime for which he was convicted and told him that his sentence would be in effect immediately following the expiry of any sentence that he was currently serving.

See previous story published May 10, 2012:

Alleged lumber thief claims he is no thief

Sherwin Fahie takes the stand in Magistrate's Court

ROAD TOWN, Tortola, VI - Sherwin Fahie, who allegedly tried to steal lumber from a construction site at Shepherd Hill, Virgin Gorda, took the stand in his defense during his trial in the Magistrate’s Court yesterday May 9 2012, and declared he is no thief.

The Crown based its case on what allegedly occurred on April 25 2011, where Police found Fahie in a black Pick-Up Truck with some building materials in the back.

While he was questioned by his lawyer Marie-Lou Creque, the defendant claimed that he only visited the location on two occasions, one being the night in question and the other a few days before. In both instances, he testified taking his friend who goes by the alias ‘Cuban’ to drop off and pick up tools.

Fahie testified that on the night in question, April 25 2011, Cuban went into the house, the area was dark and he used his phone as a ‘flashlight’.

“I saw lumber on the property but did nothing to it”, Fahie testified.

While waiting in the Pick-Up Truck, Mr. Fahie claimed that someone came and identified himself as an officer. “I was sitting on the tailgate of the truck, facing the house under construction.”

“The officer asked me what I was doing there, I replied that I came to drop off a guy who was working on the house to pick up his tools, the officer asked me to call the guy and after several times the guy came out of the house. I told Cuban to explain to the officer why I was there, but Cuban came up the hill, made eye contact with the officer then left the area, I asked Cuban where he was going but I got no answer. When I reached out to grab Cuban, the officer pointed his Firearm on me and told me to do not move,” said Fahie.

Fahie told the court that he asked the officer, why did he let the other guy (Cuban) go after he already explained why he was there, but the officer allegedly replied, “I don’t want to hear nothing”.

With Cuban allegedly out of sight, the accused stated that the officer asked him what was the main reason he was at the site and began speculating that he came to steal. In light of this, Fahie claimed he told the officer, “I don’t indulge myself in criminal acts like thieving”.

The officer then called the Police Station for back up.

Under cross examination by Crown Counsel Herbert Potter, Fahie was shown photographs of the truck and the pieces of wood found in the back.

Mr. Fahie told the court that nothing in the truck was his, and couldn’t be accountable for what was there, and added. “the truck belongs to my cousin, Wilbert Fahie and everything in the truck is his.”

Crown Counsel Potter told Fahie, “I put it to you that the whole story you told us earlier about the guy picking up tools is not true. I put it to you that you had no legitimate reason being on the site, you were there to pick up wood, you drove a truck perfect to pick up wood and walked with ropes to secure the wood in your truck.”

In response to this Fahie stated, “There was no wood in the back of the truck and even if there was, I was in no position to take them out, because the officer’s gun was aiming at me.”

Potter then informed Fahie that the officer who was present on the night, had testified that Fahie told him he didn’t know the guy’s name and he was alone.

After the cross examination, Potter rested his case and Fahie’s lawyer Ms. Creque asked Magistrate Tamia Richards for at least two weeks to give her submission by May 25. The trial will resume on June 22, 2012.