Reputed Clansman leader Tesha Miller will remain in police custody.

A Habeas Corpus application filed in the Corporate Area Resident Magistrate's Court yesterday for his release was turned down by the court.

Miller's attorney, Valerie Neita-Robertson, told Resident Magistrate Judith Pusey that her client was being held in detention unlawfully under the Emergency Powers Act which is being enforced as part of the state of emergency in effect in the Corporate Area.

Neita-Robertson challenged the detention of her client by making reference to a section of the Jamaican Constitution which she consulted to substantiate her defence in court.

At the same time, Neita-Robertson argued that her client, who resides in St Catherine, is not affected by the state of emergency which is in effect in Kingston and St Andrew and therefore should be released. She also reminded the court that her client had turned himself in to police willingly on May 31 after he was informed by a radio news bulletin that he was wanted.

Nonetheless, Resident Magistrate Pusey rebutted Robertson's arguments saying the decision rests with the Minister of National Security.

However, Robertson considered RM Pusey's decision unsatisfactory and questioned the modus operandi of the criminal justice system. "The citizens of this country are entitled to come before a court for redress," she said, expressing grievance at the absence of a tribunal to review such 'questionable' stay of detention.

Nevertheless, RM Pusey pointed out to Neita-Robertson that redress had indeed been granted but was probably neglected by her because she disapproved of the final decision.