After more than a decade of incarceration, a smiling Francis “Miller” Moulan walked down the steps of the High Court knowing he was returning home to family and friends. On Thursday, Justice Indra Hariprashad-Charles sentenced Moulan, 40, to seven years with three years suspended sentence after he pleaded guilty to the June 1996 charge of being concerned in the supply of cocaine (1,262.27 kilograms) to another. Moulan’s lawyer Dane Hamilton, QC, said the father of four is living on borrowed time after doctors in 2000 predicted he would die by 2007 as a result of kidney failure.

“This is not a person in the bloom of health,” Hamilton told the court, noting that further incarceration of his client can amount to a life sentence.

He added that Moulan has been receiving Dialysis treatment at Peebles Hospital three to four times per week and his continued imprisonment will only burden the prison financially. According to Hamilton, other than his two kidneys which are dead, Moulan has other problems such as high blood pressure.

Crown Counsel Sarah Benjamin appearing on behalf of the Director of Public Prosecution, Terrence Williams told the court that the Prosecution is recommending a suspended sentence for Moulan.

She said that the Crown believes that Moulan is no longer a threat to society and recommended that the Judge impose a suspended sentence.

On March 15, 1999, a warrant for arrest was issued by the United States for Moulan that accused him of conspiring to distribute and possession with Intent to Distribute Cocaine and Cocaine Base. Moulan was considered by the US to be a partner to the leader of the "Island Boys" drug smuggling organisation.

According to the Crown, in June 1999, the Royal Virgin Islands Police Force (RVIPF) had Moulan’s van and another vehicle under surveillance and attempted to stop the two vehicles at a roadblock when the police came under fire. Chief Inspector Jacob George lost one of his eye due to injury sustained in the gun fire trade.

Moulan, a Dominican native, was on the US Customs Service's "most wanted list" as an international cocaine smuggler facilitating trade between Venezuela, Columbia and the United States via the Virgin Islands, prosecutors stated.

He skipped Tortola and was captured in Jamaica in March of 2002. He was reportedly found with a Jamaican driver's licence in the name of "Cyril Smith" and with a St. Kitts passport in the name of "Cyril Nigel Tyson" – both documents bearing his name. He was subsequently extradited to the US where he spent 71 months in Georgia prison.

A charge of attempted murder was dropped by local authorities after it was ascertained that Moulan was not in the vehicle which opened fire on officers in 1999.

“This man has served his time…He has paid for his crime,” Hamilton stated.

 Before delivering her judgment, Justice Charles requested of the Senior Prison Official present in court about Moulan. The officer told the court that notwithstanding his good behavior, his treatment imposes a great deal of constraint on the human resources of the prison.

The officer told the court that they have to get extra officers to take Moulan three times weekly to get his treatment and in some cases, after treatment he faints and they have to rush him back to the hospital. He also said that in relation to his medication, sometimes it has to be sourced from outside of the Territory which is expensive, while on other occasions family members assisted.

The officer also pointed out to the court that from his understanding, Moulan’s treatment is some $100,000.00 on a yearly basis.

The Judge then said that while she will take into account the human resource constraints, she cannot take into account the cost of his treatment since that is not for the court.

Justice Charles said that she has realised that Moulan’s incarceration has caused hardship to the prison and the court since many times he was too sick to attend matters in the Court.

“Looking at you, I too think you are no longer a threat and I hope you are no longer a threat. I wish you well. If you are in a position to serve the BVI I hope you will do so and you should reflect on what has happened,” Justice Charles noted.

The court had also considered a doctor’s report done which was compiled on November 3, 2009.

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