Businessman Ballu Khan appeared in a special court sitting at about 9:30 last night where he pleaded not guilty to three counts of conspiracy to murder before being released on strict bail conditions at about 11:30 last night.

It is alleged that Khan conspired with others between August 1st and November 3rd 2007 to murder Interim Prime Minister Commodore Frank Bainimarama, Interim Finance Minister Mahendra Chaudhry and Interim Attorney General Aiyaz Sayed-Khaiyum.

Khan's Queens Counsel Peter Williams then made an application for bail, highlighting that Khan is a respected businessman. Williams said that medical reports confirm that Khan remains very ill and a home environment would help in his recovery process.

However, DPP Lawyer Ashishna Prasad strongly objected to bail.
Prasad told the court that Khan is thought to be the instigator and financier of the alleged plot where violence and the use of firearms was being contemplated.

She said Khan is a flight risk, being a New Zealand citizen and owning a number of sea going vessels which remain unaccounted for. Prasad also revealed that there are indications that Khan's safety may also be in jeopardy due to the allegations levelled against him.

However Williams denied these claims and said that the vessels Khan owns are small and cannot be used to flee the country.

After an adjournment, Magistrate Aminiasi Katonivualiku then returned and granted bail to Khan stressing that keeping a sick man in custody would be cruel and inhumane.

He set bail at a sum of $1000 and another $1000 as assurity. Khan has been placed under a daily curfew between 6pm and 6am and must not leave his home during this time. He also has to report at the Central Police Station every Monday, Wednesday and Saturday and must surrender his passport to the court by 4pm today.

The State then proposed that a Police Monitor be placed at Khan's house on a 24 hour basis which was denied by the Magistrate.

However, Magistrate Katonivualiku ordered that Khan must not leave his home at Kavika Place in Suva and can only travel from his home to the hospital and back.

The case is adjourned for mention in the Magistrates court till January 15th before the matter is transferred to the High court on January 21st where the charges are expected to be consolidated with nine other accused who face the same charges.

Meanwhile, speaking to reporters outside of court last night in the presence of his lawyer, Khan said he was glad to have some freedom after over a month under police guard.