Magistrate Simone Wolfe-Reece ruled against the no-case submission, saying that the clergyman has a case to answer. Consequently, Miller will now have to put forward his defence when the matter resumes on September 22.
Had the magistrate upheld his no-case submission the charge against him would have been dismissed.
Queen’s Counsel Jacqueline Samuels-Brown made the no-case submission on May 18, contending that the prosecution did not prove that Miller had intended to commit an offence and that his act had a tendency to pervert the course of justice.
A ruling on the submission was reserved until yesterday.
Miller was charged after police officers stopped him with then Tivoli Gardens strongman Coke in his motor vehicle on the Mandela Highway in St Catherine on June 22, 2010. Coke was on the run at the time.
Miller, who has been accused of assisting Coke in hiding from the police, has denied the allegations, stating that he was transporting Coke to the United States Embassy, in keeping with an agreement. This he said when they were held.
In making the no-case submission last month, Samuels-Brown said that no evidence has been presented to support the allegation that Miller’s act of transporting Coke to the US Embassy was an attempt to evade the police.
“Taking an extradition accused to the US Embassy… is not an act by itself can be said to have a tendency to pervert the course of justice,” Samuels-Brown said. “We all know that a person facing a charge outside the jurisdiction of Jamaica may voluntarily return to that jurisdiction. One of the ways of doing so is he may waive his extradition rights,” she added.
The prosecution had rebutted the submissions.