Tue | Sep 28, 2021

As Tesha Miller freed of fraud, lawyer hails power of Constitution

Published:Friday | July 30, 2021 | 12:13 AMTanesha Mundle/Staff Reporter
Tesha Miller
Tesha Miller

Incarcerated reputed gangster Tesha Miller was on Thursday freed of fraud charges after the prosecution abandoned proceedings against him in the Kingston and St Andrew Parish Court.

Miller’s attorney-at-law, Isat Buchanan, hailed the dismissal of charges as proof that the Constitution still works.

The St Catherine welder was facing charges of cheating the public revenue, possession of forged documents, and conspiracy stemming from a 2017 incident in which Miller had used a fake name and was fined $100.

But on Thursday when he appeared in court, a representative from the Office of the Director of Public Prosecutions informed Parish Judge Denise McPherson that the country’s chief prosecutor, Paula Llewellyn, had entered a nolle prosequi to discontinue the matter.

When the matter was last heard in May, Buchanan had served the prosecution with an application for an abuse of process and called for a dismissal of the charges against his client.

The convict, who is currently serving a life sentence for accessory to murder, was hit with the new charges days after his sentence was handed down in the high court last January.

With regard to the three charges, he was accused of having an expired driver’s licence in the name Marlon Williams as well as a birth certificate bearing the same name.

However, Miller contends that he has never seen those documents and that they were created while he was out of the country.

The fraud charges originated when Miller was arrested and charged in 2017 for making a false declaration after he signed his name as Marlon Williams on a document at the Norman Manley International Airport on April 4 following his deportation from The Bahamas.

However, he subsequently pleaded guilty and was ordered to pay a fine of $100, which had sparked outrage and widespread criticism of the country’s outdated legislation. The fines have since been updated.

Buchanan, in his written application, which was being made under Section 16 (9) of the Constitution, argued that it states that no person should be tried for the same offence twice or for offences that could have been brought at the time of that particular offence.

Following Thursday’s dismissal of the charges, Buchanan told The Gleaner that today’s outcome was proof that the Constitution still worked.

In the meantime, he said Miller was relieved as he felt that he was being targeted by the police.

tanesha.mundle@gleanerjm.com