‘We have found planes, time for missing $7.2M to be found’- Premier Fahie
In a statement during the continuation of the Fifth Sitting of the Second Session of the Fourth House of Assembly (HoA) of the Virgin Islands today, Tuesday, February 25, 2020, Premier and Minister of Finance, Honourable Andrew A. Fahie (R1) said investigations have revealed that the two BAe Avro airplanes acquired in 2016 by BV Airways (BVA) for the BVI Airways Project were sold to the original supplier of the planes, Tronosjet of Prince Edward Island, Canada.
“These planes appear to have been resold in the market and are now being flown by operators based in Missoula, Montana and Australia, Premier Fahie stated.
He said the findings were made by the fraud and asset recovery law firm of Martin Kenney & Co Solicitors (MKS), which was engaged by the previous Government in October 2018 to conduct an investigation to determine why the BVA project failed; what had happened to the $7.2 million of public funds; and to identify a viable way to recover these lost funds.
MKS was instructed to continue with the investigation when the current government was elected in February 2019 and delivered a report setting out the firm’s interim findings and conclusions In July 2019.
Time to find the missing $7.2M
“Mister Speaker, finally we have found planes, now is time for the missing $7.2M to be found. In addition, Mister Speaker, anyone legally responsible for the Government’s loss will be held to account to the extent that the law permits,” Hon Fahie stated.
Meanwhile, Hon Fahie noted that, in apparent response to the investigation by the VI Government, BVA in June 2019 launched a claim against the Government of the Virgin Islands before the American Arbitration Association in New York.
“This claim seeks an unidentified sum of damages. It is based on allegations which the government strongly refutes.”
Premier Fahie said, in response, the Government has instructed MKS to file a defence and a counter claim seeking an award of $7.2 million against BVA.
The Premier said; however, the arbitration proceedings have been placed on hold while the parties comply with the relevant terms of the Framework Agreement to attempt to compromise the dispute by way of mediation.
He added that due to the confidential nature of the mediation process, the VI government is unable to comment further.
Matter against Lester S. Hyman for decision
Meanwhile, Premier Fahie disclosed that 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.
“Mr Hyman has opposed the application. The matter now lies before Senior District Court Judge Royce C. Lamberth for a decision.”
The Leader of Government Business said attorney Hyman had acted as US legal counsel to the Government of the Virgin Islands from 1987 to July 2017 and that it was Mr Hyman who introduced BVA and its promoters to the Government in 2014.
“Following the conclusion of the discovery proceedings in Washington DC, the Government intends to bring an action against Mr Hyman before the BVI High Court for damages based on his conduct in representing the Government in connection with the events leading up to and following the signing of the Framework Agreement with BVA.
In January 2020, Premier Fahie continued, disciplinary complaints were filed against Mr Hyman by an MKS Attorney with the Bars of the District of Columbia and the Commonwealth of Massachusetts alleging a number of legal professional ethical violations on the part of Mr Hyman in connection with his representation of Government in respect of the BVA matter.
“Mister Speaker, I want to make it clear to the people of the Virgin Islands that this Government will leave no stone unturned in its investigation to uncover the truth behind the failed project.
“We intend to pursue all rights available to the Government to determine who benefited from the use of public funds and to seek recovery of the $7.2 million lost in this project, which are now needed to assist the many concerns, especially those being named by the opposition who served under the previous administration when the money and planes went missing,” Premier Fahie concluded.
21 Responses to “‘We have found planes, time for missing $7.2M to be found’- Premier Fahie”
“Bad Boys Bad Boys What You Gonna Do What You Gonna Do When They Come For You” Don’t forget to find the empty cell for the Gang.
2. Was the $7.2M used to invest in the planes?
3. Are there other investors in the plane?
4. Is the VI more interested in the planes or $7.2M ?
5. If the planes were sold and are flying in Australia how will the BVI or BVI Airways get them back?
6. At this stage, how realistic is it to get the $7.2M back?
A crow. Full of pride, greedy and will kill his own only to gain for himself. "Russell" Crow.
Now they had to pay a private search firm to find them AGAIN, because they acted so slow on the information that the crooks had time to sell them not once, but twice and try to create a confusing paper trail.
There are 3 people that need to be in jail over this. One was named publicly last week and i will be dammed if i will be the one to name the other two in public and risk being sued, but believe me the people that need to know DO know who they are! They were given those names 2 years ago also!