The murder trial for entertainer Desmond Ballentine more popularly known as Ninja Man is set to get underway today in the Home Circuit Court following a failed attempt to have the case thrown out in back in April.

The matter has been before the court since 2009.

The dancehall star is accused of the March 16 fatal shooting of Richard Johnson. He is jointly charged with his son Janiel Ballentine and Dennis Clayton.

Queen's Counsel KD Knight and attorney Valerie Neita-Robertson make up the legal team for Ballentine while his son is represented by Gladstone Wilson.

Linton Walters appears for Clayton.

In April, KD Knight applied to have the matter adjourned sine die or stayed on the grounds that the constitutional rights of his client have been breached because of the length of time it has taken to have the case tried.

In his submission, Knight noted that the case has been set for trial on many occasions and had been postponed because the prosecution could not produce their witnesses.

However in refusing the application put forward by the defence, Justice Lloyd Hibbert said that the criminal court was not the proper forum for an application seeking constitutional redress to be heard.

Justice Hibbert made it clear that he would rather have a new trial date set, and if the prosecution at that point, does not have its witnesses, a jury is empanelled and a formal verdict of not guilty is returned.

The commencement of today's trial also comes on the heels of the prosecution presenting its six witnesses at the last sitting and stating its readiness to proceed with the matter.