ST JAMES, Jamaica — The prosecution on Friday offered no evidence in the case against Mickey Miller, who was before the court on cocaine charges stemming from an incident dating back to 2007 when he was first arrested.

This follows last Thursday’s application by Miller’s attorney, Charles Sinclair, for the case against his client to be dismissed.

Miller, hailing from Lilliput in St James, faces charges including possession of cocaine, dealing in, attempting to export, and conspiracy to export the drug. These allegations stem from his arrest in May 2007, involving three pounds and 1.91 ounces of the narcotic.

When the matter came before the St James Parish Court, Sinclair made the application on the grounds that no effort was made to conclude the prosecution of the matter after 2007 when the case was adjourned sine die, without a future resumption date.

“What has the prosecution done in the past 17 years to prosecute this matter? The Constitution affords every Jamaican the right to a fair hearing and a fair trial within a reasonable time. The truth is, when this matter was adjourned sine die, and he [Miller] was told to go, and his documents were to be handed over the same day, had the judge said that the stop order was to be lifted that day; but for that stop order, nothing would have happened,” presiding judge Natiesha Fairclough-Hylton said.

Her comments were in response to the prosecution’s disclosure that Miller’s case was returned to court this year after he was informed by immigration authorities that the stop order previously placed on him was still in effect when he presented them with documents requesting permission to leave the island while facing an unrelated court matter.

However, it was revealed in court that Miller was the one who initially brought the matter to the court’s attention in February this year, resulting in the case being re-listed.

The allegations state that on May 18, 2007, Miller and Ishelle Mhlophe, with whom he is jointly charged, were apprehended by authorities at the Sangster International Airport in Montego Bay, St James 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 Mhlophe said, he allegedly replied, “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.

Fairclough-Hylton in her judgement, emphasised the importance of striking a fair balance in legal proceedings, pointing out that it is unacceptable for the prosecution to delay action for 17 years before suddenly deciding to pursue the case.

She went on to say that it should never be the responsibility of the accused to bring a case back to court and that the burden should always rest on the prosecution.

The judge’s remarks came after Sinclair filed an application claiming that the significant delay in resolving Miller’s case was an abuse of the judicial process.

“When I sought to get instructions from him, after 17 years, Mr Miller was having a challenge telling me whether people went in the witness box or what happened in court. He just knew that the matter was brought to an end and he was given back his documents and he went abroad,” Sinclair told the court, noting that Miller was represented at the time by the now-deceased attorney Roy Fairclough.

Sinclair argued that Miller should be acquitted, emphasising that abuse of the judicial process can take many forms, including delays. He also stated that the court is responsible for ensuring fairness to those who appear before it.

During Friday’s sitting, the clerk of the court stated that after reviewing the file, the Crown would be unable to mount a successful prosecution.

Miller then pleaded not guilty to all the charges, and the prosecution offered no evidence against Miller.

The case against Miller was adjourned indefinitely after a warrant was issued for the arrest of Mhlophe, who failed to return to court in 2007 despite being on bail.

According to an update provided to the court on March 26 this year, the warrant is still active.