The Panel of Judges presiding over the case filed by Ousted Prime Minister Laisenia Qarase and others against the Interim government and the RFMF have stressed that the trial must go ahead tomorrow morning.

Judge Justice Anthony Gates, Justice John Byrne and Justice Davendra Pathik have rejected the application from the Solicitor General Christopher Pryde this morning to adjourne the case for two days on the grounds that lead Queens Counsel for the State Gerad McCoy is unable to attend.

In their ruling the three judges say that while McCoy is in a difficulty not of his making, being engaged in the court of appeal in Hong Kong, some supporting arrangements could have been put in place so as not to delay the commencement of the trial.

They say the fixture was arrived at some months ago and the trial should now proceed.

The Judges also say that uncertainty as to how the trial will proceed so far as the issues were concerned as the defendants had originally urged the court to deal with justifiability first and now the position appears to be less settled.

The court directed counsel to file with the court by 9.30am tomorrow morning a list of agreed issues for determination by the court, and a list of witnesses to be tendered. The trial will commence immediately at 10am tomorrow.


Meanwhile the second application made by Fiji Television to film and to broadcast the entire proceedings was granted and is subject to more detailed conditions which the court will issue tomorrow.