This disclosure by Miller's lead attorney, Jacqueline Samuels-Brown, came in the Corporate Area Resident Magistrate Court after prosecutors close their case in the corruption trial earlier this year.
"We will address the court on the status of the prosecution's case, and we propose to make submissions on why this case should not continue," Samuels said in court on January 29th this year.
Resident Magistrate Simone Wolfe-Reece will hear the no-case submission on March 31, when the trial is schedule to resume.
Miller is on trial for attempting to pervert the course of justice. He was charged after then fugitive Christopher 'Dudus' Coke was captured in a sport utility vehicle the clergyman was driving along Mandela Highway in St Catherine in 2010.
Before the prosecution closed its case, police Sergeant Winston Radcliffe testified, during a second cross-examination, that he had not located the notebook in which he made recordings at the time Coke was nabbed.
Radcliffe was asked by Miller's attorney to produce the notebook after he gave evidence last July that the popular clergyman led police on a high-speed chase in St Catherine, twice ignoring their attempts to stop the SUV he was driving.
That account was challenged by Samuels-Brown, who suggested to the policeman that there was no second stop.
Radcliffe conceded that he did not record the second stop in his notebook, but insisted that it did take place.
REV AL MILLER SAYS GAY LOBBY IS USING THE GUISE OF TOLERANCE TO GET THE NATION TO ACCEPT THE “GAY LIFESTYLE”