The lawyer representing the Pacific Centre for Public Integrity Director, Angie Heffernan today made an application before Justice Davendra Pathik for the judge to disqualify himself from the case.

Ratu Joni Madraiwiwi said that he is merely under instructions from Heffernan's legal counsel, Pillay Naidu to make the application on the grounds of Justice Pathik's appointment as a judge and also due to his age.

Ratu Joni said that he was not in a position to elaborate on the two grounds which he has been instructed to highlight and asked Justice Pathik for directions.

Justice Pathik was surprised by the application saying that he has worked in the Fiji Judiciary for the past 15 years and was appointed years before the events of December 5th, 2006.

Representing the interim government, Adish Narayan said the application was a misguided missile however suggested that a formal application be made and stressed that the application certainly cannot be on the basis of any alleged bias.

They have until the 19th to file the formal application and Justice Pathik will make a formal ruling on October 24th.