KINGSTON, Jamaica -- The Court Monday morning refused an application by entertainer Desmond ‘Ninja Man’ Ballentine to have his murder case thrown out.

Attorney KD Knight representing Ninja Man asked the court Monday to dismiss the case against his client and his two co accused on the grounds that their Constitutional Rights have been breached because of the length of time it's taken to have the case tried.

The matter has been on the trial list since 2009.

Ninja Man will have to return to court on November 10, 2014 for trial.

The entertainer is accused of the March 16, 2009 gun murder of Richard Johnson.

He is jointly charged with his son Janiel, and another man, Dennis Clayton.