McMillian-Lans, a dual citizen of the US and BVI was charged with Possession of a Controlled Drug, Being Concerned in the supply of a Controlled Drug and the Importation of a Controlled Drug, all contrary to the Drug Prevention of Misuse Act, CAP 178 (as amended).

When his matter was heard at the magistrate’s court, he was denied bail, but the matter went to the high court, and Judge Richard Floyd offered him bail.

Justice Floyd said after hearing submissions from the attorneys, he was not persuaded that McMillian-Lans would flee the jurisdiction and fail to appear in court if he is granted bail.

“Even considering the Crown’s case and the serious nature of the charges, I do not believe the applicant (McMillian-Lans) to be a flight risk, owing to his close connections to this community, his business and his family. The Respondent’s submission that the Applicant (Commissioner of Police) has easy access to boats and therefore is a flight risk is not supported by any evidence,” the Judge ruled.

On the issue of the serious risk of harm to public safety, including witnesses, the Judge found that that the applicant has no criminal record and remains convicted of no offence, similar or otherwise.

"I am therefore satisfied that conditions can be crafted to ensure that the applicant complies with bail, attends court and does not interfere with the administration of justice. The Respondent has not shown cause why the Applicant should be detained,” Justice Floyd stated.

Under bail conditions, McMillian-Lans is to reside in Road Town at his surety, report to the Road Town Police Station every Monday, Wednesday and Saturday between the hours of 6:00 AM and 6:00 PM.

Further, he is to remain in his residence daily between the hours of 8:00 PM and 06:00 AM except for medical emergencies involving himself, he shall present himself at the door of his residence within five minutes of a Police request, made at any time when he is required to be in his residence, and ensure that Police have access to the door of his residence, to enable such bail compliance checks to be conducted.

He is prohibited from operating or to be found in any marine vessel or boat, shall remain in the Territory of the Virgin Islands and surrender his travel documents to the court, and must not apply for any travel documents.

Police intelligence led to the locating and tracking of a vessel spotted on the east of St. Croix, where McMillian-Lans along with persons unknown were travelling on April 11, 2021.

A collaboration between the United States and British Virgin Island authorities led to an air and sea pursuit which ended when the vessel was beached in West End, Tortola.

At that time, several bales of suspected cocaine were seen being hurled overboard as the vessel was followed which, when weighed came up to 453.78 KG of cocaine with a street value of $45,378,000.00.

The occupants fled into a parked vehicle and the pursuit continued by a marine helicopter until the vehicle in question was abandoned after it crashed in the Carrot Bay community.

The occupants ran into the nearby bushes and McMillian-Lans was captured, arrested and later charged with the offences.

A search warrant was later executed at the residence of the Applicant. SIM cards and cash money totaling $2,244.00 were seized. The boat and the truck involved in the pursuit were retained and forensically examined by the authorities.

Attorney Leroy Jones represented McMillian-Lans and Attorneys Patrice Hickson & Mrs. Kellee-Gai Blake-Smith, represented the Crown.