Hon Fahie, while Premier of the VI and on an overseas engagement on behalf of the Territory, was arrested, along with Managing Director of the BVI Ports Authority (BVIPA) Oleanvine Pickering-Maynard, by the Drug Enforcement Administration (DEA) on April 28, 2022.
The former Premier, who has won in the First District for six consecutive elections, remains incarcerated at a detention facility in Miami, awaiting bail and trial.
Asked about Hon Fahie’s status as Representative for the First District at a press conference on May 13, 2022, the Premier and Minister of Finance in the newly sworn in National Unity Government, Dr the Honourable Natalio D. Wheatley (R7), confirmed that Hon Fahie still holds his elected post.
Premier Wheatley explained that it is for the sitting Governor to strip Hon Fahie of his elected representative status.
"That's something for the Governor. If you look in the constitution you will see how a member of the House of Assembly (HoA) can be removed. It’s very clear there, a member can resign, if a member misses three sittings he can be removed and there are some other conditions, of course if they are declared insane or something like that but we have to look clearly in the constitution to see the conditions upon which you can be removed."
The Organisation of Eastern Caribbean States (OECS) in a statement on May 2, 2022, said “Like all persons charged with a criminal offense, Andrew Fahie is entitled to the presumption of innocence, procedural fairness, and a free and affair trial within a reasonable time.”