The case filed by suspended Chief Justice Daniel Fatiaki against the Army Commander Commodore Frank Bainimarama and 13 others was called for the first time in the High Court this morning.

Fatiaki's lawyer, John Apted revealed that three of the defendants in the case, are yet to be served, including Justice Nazhat Shameem and the Solicitor General, Christopher Pryde who are overseas.

Apted also revealed that they have filed an inter-locutary relief seeking that the Chief Justice's chambers, currently occupied by Acting Chief Justice Anthony Gates be vacated. He also revealed that they want Fatiaki's personal secretary to be reinstated to her former post in the CJ's chambers and all personal documents and items belonging to Fatiaki be under her care until the case is dealt with.

Lawyer representing Bainimarama and others, Adish Narayan, also raised concerns with Judge Justice Davendra Pathik that Fatiaki's affidavit in relation to the case, was published in one of the dailies yesterday which is unusual as the document is part of the court proceedings.

Justice Pathik has given all parties time to serve the papers and file necessary replies before the case is called for mention on October 5th.

Fatiaki is seeking reinstatement through the courts and is also questioning the appointment to the Judiciary and other positions of the 13 defendants he has included in the case.