One of the suspects in the Catie Miller murder case was unable to appear in court Tuesday morning because there wasn’t enough room in cells at the courthouse.

Kelly Amanda MacDonald of Lawrencetown and Jason James Johnson of Halifax are each charged with first-degree murder and indecently interfering with human remains.

Miller, a 29-year-old mother of one, was last in contact with her family on July 15, 2014 and reported missing from her Dartmouth home a few days later.

Police searched four locations, including two in Lawrencetown, one in Goffs and one in Sheet Harbour Passage, in connection with the investigation into Miller’s death in November.

Her body was found at one of the crime scenes, although police have not said which one.

MacDonald and Johnson were due in Dartmouth provincial court for a status update Tuesday morning. Johnson arrived at court but the sheriffs said they had too many prisoners and not enough cells so there was no room for MacDonald.

Judge Frank Hoskins asked the sheriffs to read the explanation into the record and expressed concern that the Department of Justice could not fulfill its mandate.

“The judge was very concerned, I mean the court expects that if someone is remanded until a particular date, this person appears, and it’s the responsibility of the sheriff’s department to bring this person in,” said MacDonald’s lawyer, Pavel Boubnov.

MacDonald and Johnson are due back in court for another status update on Aug. 21.

A third person, George Edward Hubley of Sheet Harbour, is charged with accessory to murder after the fact and indecently interfering with a dead human body in connection with the case.