Al Miller's motion set for November hearing
Published:Saturday | July 30, 2011 | 12:00 AM
THE MOTION brought by the Reverend Al Miller seeking to challenge Resident Magistrate Georgiana Fraser's decision to try his case, has been set for November 2 in the Judicial Review Court.
The case involves charges brought against him in relation to former Tivoli Gardens strongman, Christopher 'Dudus' Coke.
Miller is charged with perverting the course of justice and harbouring a fugitive.
The trial should have started on March 24 in the Corporate Area Resident Magistrate's Court, 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 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 had first made an application in March for Fraser to step down from the case, but the RM 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.