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No progress on Fanbulleh case

Home Affairs Permanent Secretary Robert Horton has expressed his "serious concern" over allegations of sexual assault surrounding Bermuda resident Franklin Wellington Fahnbulleh III ? revealing enquiries into the matter are ongoing.

Mr. Fahnbulleh, 49, a deaf man who is married to a Bermudian and lives in Southampton, is wanted in Texas having been criminally indicted by a grand jury in November 2002 on three, third degree felony counts relating to an alleged sexual assault on a former work colleague.

The alleged attack took place in the same year when he was dean of students at Howard College in Howard County.

A large civil suit has also been filed against Mr. Fahnbulleh ? a United States citizen ? which understands contains a long list of further allegations of sexual indiscretions dating back to the 1980s.

And the FBI have stated that they are considering charging Mr. Fahnbulleh with the federal offence of unlawful flight to avoid prosecution after he skipped the state in 2002 before he was called to answer the charges.

But speaking to last night, Mr. Horton was at pains to stress that Mr. Fahnbulleh is legally entitled to reside on the Island, and in the absence of a criminal conviction or a formal request from US authorities to have him extradited, no direct action would be possible.

"It is important to make very clear that all we have at the moment are allegations against Mr. Fahnbulleh," he said. "We are following up on the matter with the relevant authorities in the US.

"But as a resident of this Island, Mr. Fahnbulleh is entitled to certain protections in accordance with the laws of this country and it is important this matter now be dealt with sensibly and with sensitivity."

It is understood that a warrant for Mr. Fahnbulleh's arrest was issued by Howard County District Attorney Howard Wilkerson ? although he has failed so far to make an application to the US Justice Department for extradition proceedings to be set in motion.

The reason for this apparent reluctance is far from clear, given that district attorneys are legally obligated to proceed with a prosecution once a defendant has been indicted by a grand jury.

Repeated calls to Mr. Wilkerson's office in the town of Big Springs have not been returned for several days ? while he has also failed to respond to a number of messages left for him by the Texan newspaper which has also been covering the story, the Midland Reporter Telegram.

How Mr. Fahnbulleh has been able to travel back and forward between Bermuda and an apartment he keeps in New York without his fugitive status being detected by US customs officials is also unknown.