Tesha Miller successful in court appeal to get audio recordings of judge’s summation at his trial

Reputed Clansman gang leader, Tesha Miller has been successful in his application in the court of appeal to get audio recordings of the judge’s summation at his trial.

 

He is accusing the judge who sentenced him of being hostile during the trial.

Miller was convicted in December 2019 in relation to the June 2008 murder of Douglas Chambers, the then Chairman of the state-owned Jamaica Urban Transit Company.

 

He was sentenced in January 2020 to serve 38 years and nine months in prison.

He gave an un-sworn statement during the trial, declaring his innocence.

Miller, who is being represented by Attorney-at-Law John Clarke, filed an application in December last year seeking several orders.

Among them, is the claim that the judge who presided at his trial adopted a hostile attitude towards him, whenever he spoke and constantly disrupted his counsel.

Miller stated in his affidavit that the frequency, tone and overall mannerism of the judge cannot be adequately reflected in writing, and only the provision of audio recordings could suffice to evidence the injustice.

The court in granting Miller’s application yesterday, Directed the Registrar of the Court of Appeal, to request the typewritten notes of the plea proceedings conducted on November 13, 2019, and also the audio recording of Miller’s trial in November 2019.

On receipt of the material, the Registrar is to supply copies of them to the applicant, and the Director of Public Prosecutions.

Miller’s lawyer has been directed to file the submissions before March 10, while the crown is to file submissions before March 17.

Meantime, the application seeking to present fresh evidence will be determined at the hearing of the application for leave to appeal.

The other claims in Miller’s application were refused.

 

These are for a certified copy of the whole of the notes which the judge took at the trial, for the typewritten transcript of the original sentencing of the crown witness who testified at the trial, and for the judge’s written report giving her opinion on the case.

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