million dollars has been adjourned for one week in order for the Supreme Court to consider a constitutional challenge.

Tyrone Calvin Simmons, 27, and Shadonna Kelly Trott, 20, both of Cottage Hill Road are charged with importing heroin in March of 1998.

But lawyer Venus Telford, who represents Trott, asked Puisne Judge Norma Wade-Miller for an adjournment yesterday as she intends to challenge the constitutionality of certain sections of the Misuse of Drugs Act.

"If the constitutional argument does succeed then we anticipate all criminal proceedings regarding these charges will be stayed against our client,'' Ms Telford told the court.

The constitutional argument Ms Telford intends to make was described in court as "quite vintage'' by both Justice Wade-Miller and defence attorney for Simmons, Victoria Pearman.

Ms Pearman told the court that she had not yet had the opportunity to review the application on behalf of Simmons. It is unclear at this point whether she will seek to join the application on behalf on her client.

Prosecutor Charlene Scott told the court that the Crown was ready to proceed with the trial but would need time to develop its argument on the constitutional challenge.

"We've been privy to part of the application but still have not had full disclosure in regards to what exactly they are endeavouring to bring before the court,'' she said.

It is believed Ms Telford will argue that assumptions made within the Misuse of Drugs Act with regards to what constitutes possession or control of a illegal drug are unconstitutional as they turn the burden of proof on the defendant and in effect mean defendants can incriminate themselves.

Justice Wade-Miller said the constitutional matter could have been raised some time ago as the charges against Trott and Simmons reach back over three years.

But she adjourned the trial to consider the constitutional matters and released the jury until next Monday.

Trott and Simmons were both then re-arraigned. Both defendants pleaded not guilty to importation and possession of heroin with intent to supply on March 16, 1998. Simmons also pleaded not guilty to a third charge of handling heroin.

Bail was extended for both defendants.