Lawyer representing businessman Ballu Khan is expected to file documents in court later this morning to try and secure Khan's release, who remains under police custody at the CWM Hospital this morning.

Late last night, Tevita Fa confirmed that Khan has been in custody for more then 48 hours without any charges being laid.

He claims that his client is now being illegally detained in relation to the alleged plot to assassinate interim Prime Minister Commodore Frank Bainimarama, some members of the interim cabinet and some senior military officer's.