The trial of a Jamaican accused of importing $1.8 million of heroin was delayed yesterday as his lawyer argued the hearing was unconstitutional.

Last month Assistant Justice Philip Storr ruled Andrew Hall's rights had been violated because his trial had been delayed so long. But he directed the trial should go ahead.

Hall, 39, has been held since March, 2001.

Yesterday Hall's lawyer Mark Diel told Assistant Justice Archibald Warner: “Everyday the prosecution continues is a fresh breach.”

Mr. Diel questioned whether the Department of Public Prosecutions had jurisdiction to continue the prosecution after the Supreme Court had ruled that Hall's rights had been breached.

And he also questioned whether the Supreme Court had jurisdiction to hear the prosecution.

Yesterday a jury panel turned up at Supreme Court but were told to return tomorrow (Thursday) after the issue had been thrashed out and Mr Warner had given a ruling.

Lloyd Rayney appears for the Crown.

Greaves: Poor excuse

A drunk motorist found asleep with the engine running in the middle of a road claimed someone had driven him there.

But Acting Senior Magistrate Carlisle Greaves seemed unimpressed with Dean Christopher Simons' explanation.

“A fellow drove you there and left you there? Technology has advanced so much. Maybe it was a beam me up Scotty.”

Simons, 30, of Devonshire, pleaded guilty to being in control of a vehicle while impaired on November 23 last year.

He was fined $1,000 and disqualified from driving all vehicles for 12 months.

Crown counsel Shade Subair told Magistrates' Court that Simons was spotted driving erratically by an off-duty Police officer and she radioed for further help. When Police found Simons' car on Store Hill, Smith's, he was asleep at the wheel of his car, which was parked in the middle of the road.

Murder trial halted

Sprawling legal arguments halted any further testimony in the Lagoon Park murder trial yesterday, as the defence challenged additional testimony by a Police detective.

The marathon trial began with jury selection on November 10 which was followed by 15 more days of legal arguments before testimony began on December 4. Since then there have been just 18 days of testimony.

The ten woman, two man jury has faced periodic sojourns in the jury room as defence lawyers Ed Bailey, Liz Christopher - assisted by Kae Thomas - and Larry Scott and prosecutors, led by Director of Public Prosecutions Kulandra Ratneser wrangled through numerous issues.

Mr. Bailey represents Terranz (Monster) Smith, Ms Christopher appears for James Alan (Spooks) Dill and Mr. Scott represents Robert Blair Tucker, who deny killing American Stanley Lee, also known as Shawn (Sha) Russells, allegedly over drugs and money on July 28, 2001.

Mr. Ratneser is assisted by Crown Counsels Juan Wolffe and Cindy Clarke. The jury are expected to return this morning.