Miller heading for Judicial Review
Published:Thursday | March 24, 2011 | 12:00 AM
Barbara Gayle, Staff Reporter
The Supreme Court has granted leave for the Reverend Al Miller to go to the Judicial Review Court to challenge Resident Magistrate Georgiana Fraser's decision to try his case.
Miller is charged with perverting the course of justice and harbouring a fugitive.
The trial should have started yesterday, but was put off because of a Supreme Court order staying the trial until the matter has been decided by the Judicial Review Court.
Miller's case has been set for mention on July 29 in the Corporate Area Resident Magistrate's Court.
He was arrested and charged following an incident in June last year when he was allegedly found in the company of fugitive Christopher 'Dudus' Coke on the Mandela Highway, St Catherine. It was reported that Coke was being taken to the United States Embassy.
Attorneys-at-law Wentworth Charles and Leslie Campbell made an application last month for Fraser to step down from the case, but she ruled that she was going ahead with the trial.
Miller is contending that Fraser should recuse herself because she was the magistrate who signed the arrest warrant for Coke. She also presided at the proceedings when Coke waived his rights to an extradition hearing.
The lawyers said they were not accusing the magistrate of bias but they believed that given her involvement concerning Coke, she should not try the case.