High Court Judge Justice Daniel Goundar will make a ruling next week on whether the three vehicles and items seized from Businessman Ballu Khan can be released before the conclusion of his trial.

DPP lawyer Asishna Prasad this morning called the witness, the investigating officer Filipe Jitoko to give evidence as to why the three vehicles, a Prado, a Hilux and a Pathfinder along with a DVD player, iPod, video camera and a digital camera have been seized by the Police.

Upon questioning, Jitoko said he believes the items are still being held as they are exhibits in the trial and are linked to the commissioning of the alleged plot to assassinate the Interim Prime Minister and others. He also said that through witness statements they will prove from one, Peniasi Kuli and another, that the two of the vehicles were used to transport personnel for training in Wailase and meetings held in Nabukavesi.

During cross examination, Khan's lawyer Graham Leung established that the vehicles were seized on November 3, 2007 and his client was charged on January 8, 2008, which is 16 weeks after the vehicles were taken away.

When questioned by Leung, Jitoko also confirmed that they did not have a warrant to seize the vehicles and the equipment on the day Khan was arrested.

Leung said the seizure was illegal. And as photographs of the vehicles were being presented as exhibits during the trial there is no legal basis for the vehicles and the equipment to be retained in Police custody.

He also said that there is no credible evidence to link the vehicles and the items to the commissioning of the allegations against his client.

Justice Goundar then questioned state lawyer Asishna Prasad on whether the three vehicles and the electronic equipment have some evidential value. Prasad replied that she will adopt the witness statement in the matter.

The case is adjourned until April 11th when Judge Goundar will deliver his ruling.