Court to clear up confusion in man’s 2007 drug case
ST JAMES, Jamaica— The St James Parish Court has yet to clear up confusion over whether Mickey Miller’s 17-year-old drug case went to trial prior to being adjourned sine die.
Miller, who is of a Lilliput address, is charged with possession of cocaine, dealing in cocaine, attempting to export cocaine, and conspiracy to export cocaine. These charges stem from his May 2007 arrest in relation to three pounds and 1.19 ounces of cocaine.
During Tuesday’s hearing, Miller’s attorney, Charles Sinclair, expressed concern about some notes he had received that morning regarding his client’s previous court appearances, where Miller’s case was adjourned sine die, meaning there was no set future date for the case to resume despite the fact that it appeared to have been tried.
“The matter had got to the point where it was adjourned sine die, and when I made inquiries as to why the matter was adjourned, I asked for the court sheet for them to tell me why the matter was adjourned sine die after evidence was given. There was another person who was found in possession [of cocaine], but that person apparently absconded,” Sinclair told the court.
Sinclair was referring to Miller’s former co-defendant, Ishell Mhlophe, who had a warrant issued for her arrest in 2007 after she did not show up in court following her release on bail.
“I also see where what appears to be a strange statement in relation to that person, so my analysis of it is that they got to a point where they could not establish any conspiracy charge against Mr Miller without that person, and that person at that time was nowhere to be found. When I looked at what is noted on the court record, in relation to Mr Miller, on November 15, 2007, they were ordering for a stop order to be lifted and traffic documents to be returned to him ‘today,’ and it was signed by the resident magistrate,” Sinclair added.
Judge Sasha-Marie Smith-Ashley then stated that if the trial were to start, it would need to conclude in a particular way.
“If trial actually commenced in the matter, unless the resident magistrate died or was so incapacitated that he or she could not continue with the trial, then it must have ended in one or another of a particular way. Adjourning sine die is not one of those options,” the judge said.
However, Sinclair argued that Miller should have been acquitted since there wasn’t enough evidence to prove the charge against him, adding that there seems to be some notation indicating that the case was adjourned sine die.
The court was also advised that the warrant which was issued for Mhlophe is still in effect.
Smith-Ashley subsequently scheduled the case to be mentioned on April 12, providing ample time for the prosecution to resolve their case as it relates to Miller. The defendant’s bail was also extended to the new court date.
The allegations are that on May 18, 2007, Miller and Mhlophe were apprehended by authorities at the Sangster International Airport in Montego Bay while checking in for their departure from the country.
Authorities said Mhlophe was preparing to board a flight to London, England when her suitcase was searched and two plastic bottles were discovered inside. The bottles reportedly contained a substance that tested positive for cocaine.
When questioned by the on-duty officer, Mhlophe reportedly pointed out Miller, who was also waiting in queue to board the London flight, as the person who provided her with the substance.
“Yes, Mickey, you gave it to me,” Mhlophe is reported to have said when asked if Miller was the man who had given her the substance.
When the officer asked Miller if he heard what the female accused said, he allegedly said, “Yuh chat too much….If you did keep yuh mouth shut, you and your pickney dem would be alright,” addressing Mhlophe.
The two were subsequently arrested and charged.