Tesha Miller has a case to answer.
That’s the ruling of the Supreme Court after his attorney, Bert Samuels, asked the judge to rule that Miller did not have a case to answer today.
Miller is on trial for being an accessory before and after the fact to murder.
The charge is in relation to the 2008 killing of then Jamaica Urban Transit Company Chairman, Douglas Chambers.
Bert Samuels was seeking to have the court discontinue the matter against Miller.
He told the court this morning that Miller didn’t have a case to answer.
He grounded his no case submission on the credibility of the prosecution’s only witness.
Mr. Samuels pointed to what he described as a number of inconsistencies in the witness’ statements to the police and the evidence he gave in court.
He asked the court to discard the witness’ evidence, which would have resulted in Tesha Miller being freed of all charges.
In the crown’s rebuttal, the prosecution told the court Mr. Samuel’s submission lacks substance.
The Crown argued that at all material times the witness told the defence he had explanations for the inconsistencies.
The prosecution also pointed out that the inconsistencies were explained by the witness in re-examination.
The prosecution also argued the witness’ evidence placed Miller in the realm of being tried and convicted as the principal offender.
In handing down her ruling, the presiding judge, Georgianna Fraser, said the issues raised by the defence are issues of facts that jurors should consider.
Justice Fraser used the 2015 case of Andrew Stewart vs the Queen and the 2016 Appeal Court ruling of Anthony Atkinson vs the Queen as precedent for her decision.
Mr. Samuels is to begin his defence of Miller at 10 tomorrow morning.