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The bail bond of reputed leader of the Klansman Gang Tesha Miller has been officially revoked and he is to remain behind bars until his trial on multiple counts of murder and shooting.
Government prosecutors entered a nolle prosequi on Thursday and had Miller's case removed from the Gun Court Division of the Half-Way-Tree Criminal Court to the Home Circuit Court in downtown, Kingston.
This did not go down well with defence attorney Everton Bird who objected strongly.
Mr. Bird lashed out at the prosecutors arguing that they could have applied for the voluntary bill on July 31, when Miller was scheduled to return to court to answer the substantive charges.
Thursday was not a good day for Mr. Bird as earlier in the proceedings the presiding magistrate in the Gun Court at Half-Way-Tree also rejected his argument that she did not have the jurisdiction to determine whether Miller had violated the conditions of his bail.
The magistrate, who had reserved her decision Tuesday, told Mr. Bird that she had the jurisdiction under the Gun Court Act to make a determination in the matter.
Mr. Bird then urged the magistrate not to entertain the prosecution's application for a nolle prosequi.
He also questioned the actions of the Director of Public Prosecutions (DPP).
This led to a verbal clash between Mr. Bird and the lead prosecutor who declared that the constitution gives the DPP the power to discontinue a case at anytime and anywhere.
Later when Miller appeared in the Home Circuit Court under heavy police/military guard he was remanded until July 23 when Mr. Bird will again re-apply for bail.
Miller, who is charged with a total of four counts of murder, faces the death penalty if convicted for the January 14, 2005 gun-slaying of three persons along Cresser Lane in Braeton, St. Catherine.
He is also charged in connection with the April 7, 2004 murder of Robert Haughton.
And the police will not be taking any legal action against Miller who was found in possession of a phone while he was in custody.
The police had sought legal advice from the Director of Public Prosecutions on the matter.
However, sources told the RJR News Centre that based on the advice of the DPP the law is not really clear whether Miller can be charged for being in possession of the mobile phone.
Miller was allegedly found with the phone hidden in his rectum in a cell at the Horizon Remand Centre on Spanish Town Road on the weekend.
The police were reportedly alerted that Miller was in possession of a phone when they intercepted calls coming from the phone.
He was reportedly using the phone to issue orders to members of the gang.
RJR News has been informed that checks are also being done on the calls made from the phone while Miller was in custody.