The United States Attorney’s Office has rejected British Virgin Islands Premier Andrew Fahie’s request for immunity, indicating that it does not recognise the British Virgin Islands as a sovereign state.

As head of state of the BVI, Fahie had filed to get released from detention on Monday based on diplomatic immunity. The latter is a principle of international law that provides foreign diplomats with a degree of protection from criminal or civil prosecution under the laws of the countries hosting them.

However, according to an article published by bvinews.com, the US said Fahie, who is accused of conspiring to import thousands of kilograms of cocaine into the country, will face prosecution.

Fahie has been in US custody on charges of drug trafficking and money laundering since last Thursday.

According to the bvinews.com article, a verified statement from the US Attorney’s office said that “while it is true that the complaint affidavit correctly described the defendant’s current title, that description does not convey upon the defendant head-of-state immunity”.

The response further said the Executive Branch of the United States Government does not recognise the British Virgin Islands as a sovereign state, or that Fahie is entitled to any immunity from prosecution.

“Accordingly, the defendant does not and cannot enjoy immunity as a head of state or government. Nor does the defendant’s ‘notice’ do anything to establish an entitlement to immunity for the defendant. In fact, that ‘notice has no legal effect at all,” the statement read.

Fahie is expected to face a pre-trial detention hearing to determine bail on Wednesday when he appears before Judge Jonathan Goodman in a Florida court.