UPDATE - Immigration Officer allegedly transported Brazilians in his taxi
This was disclosed in the Magistrate’s Court this afternoon, Wednesday October 19, where he along with his alleged accomplice Clarence Fahie appeared for the first time since their arrest yesterday.
Fahie, a Customs Officer is charged with one count of breach of trust. The duo was not required to plea before Magistrate Tamia Richards.
In light of this, they were offered bail in the sum of $70,000 with two signed sureties each, surrendered travel documents and report to the police station in their respective communities on Mondays and Fridays between 6 a.m. and 6 p.m.
In disclosing the facts, Principal Crown Counsel (ag) Tiffany Scatliffe stated that on January 14, 2011 it is believed that an unknown number of nationals entered the VI in an unknown vessel, and six days later – January 20, the US authorities received information that a boat was leaving Cane Garden Bay en-route to the USVI.
The vessel was intercepted by US officials the following day and subsequently four persons were nabbed. When questioned, the individuals revealed that their passports were stamped in the Virgin Islands by an Immigration Officer. Officers were able to determine the signature to be that of Henley, the court heard.
Investigations also indicated that the four individuals were not properly cleared in the VI. The following month, on February 10 it is alleged that Henley met the vessel MV Paint In Black at Village Cay marina where he cleared 13 Brazilians. The court heard he contacted Fahie to assist him.
It is alleged after he cleared the Brazilians he used his personal taxi to transport them to a guest house in Cane Garden Bay. However, on February 11, through an anonymous tip, Customs and Immigration officers swooped in on the guest house and took the 13 individuals into custody.
They were subsequently interviewed and repatriated to their homeland. According to Ms. Scatliffe, Village Cay is an unauthorized port of entry and if an officer had to clear a vessel, permission had to be granted from the Chief Immigration Officer or Commissioner of Customs. But from all indications, there is no documentation from either Customs or Immigration for the vessel to be cleared.
The Principal Counsel (ag) also noted that MV Paint In Black came from St. Marteen and according to the Brazilians they each paid $1,000 to get a BVI stamp.
Henley’s version of eventsHenley, who lives in Cane Garden Bay, said he received a call from “somebody stating to be an agent from overseas” that a vessel will be arriving in the VI on February 10 and wished it to be cleared at Village Cay.
On the said day, while at the bar at Village Cay, the father of five said he was approached by MV Paint In Black captain. He told investigating officers that he contacted a Customs Officer (Fahie), and he and the boat captain went to the Road Town ferry terminal where he met with Fahie.
The accused man further stated that he provided the Customs Officer with the marine control documents whom he allegedly give $40.
After the transaction he took the captain back to Village Cay where he was informed that the Brazilians wanted a taxi to a hotel in Road Town, but he persuaded them to use a guest house in Cane Garden Bay. He charged them $80, he claimed.
As for him not informing the Customs or Immigration heads, Henley told the investigating officers that it was normal for him to proceed without informing anyone, hence he did not see the reason to report or inform anyone of his actions.
Fahie’s versionMeanwhile, Fahie, who has been a Customs Officer for over 25 years said he was notified by Henley that he needed his help in clearing a vessel on February 10. He was told this on February 6.
The Customs Officer said on February 10 he was contacted by Henley to meet him in the RT ferry terminal parking lot, where it is alleged that Henley entered his vehicle and handed him the marine control documents.
However, the father of four added that he never gave clearance “because certain things were not matching up to the manifest”.
To this end, he told Deputy Commissioner of Customs certain things because he was fearful but wished to remain anonymous. Furthermore, when he was interviewed by his boss Wade Smith, Fahie said he destroyed the documents because he knows Mr. Smith does not like him. He also told the police he did not gain financially from what occurred.
Both men are 50, with Henley living in Cane Garden Bay and Fahie in East End. As for the status of the file, Ms. Scatliffe said it is not fully completed. Therefore, a mention date November 14 has been set aside for a court hearing.
The maximum sentence for Breach of Trust is seven years.
Henley is represented by Stephen Daniels while Patrick Thompson defends Fahie.
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