Fiji Court of Appeal Judge, Justice John Byrnes has ordered that the murder trial of former Navy Commander, Francis Kean must proceed before Justice Gerrard Winter from this afternoon.

In his ruling, Justice Byrne has rejected Kean's application to grant a stay in the court proceedings, as Kean had applied for Justice Winter to disqualify himself from presiding over the case.

Justice Byrne said, that as a single Justice of Appeal, he does not have the right to grant a stay. Byrnes than went on to say that he disagrees with Kean's claims that his right to a fair trial would be breached, if Justice Winter presides over his trial.

Byrnes added that in the present state of law, he has no jurisdiction in this matter and thus has given the green light for the trial to commence from 2.15pm this afternoon.

Kean had applied for the trial to be staggered until the Fiji Court of Appeal, rules on his application to replace Justice Winter.

Kean is charged with the alleged murder of John Whippy outside the Suva Yacht Club in December last year.