State lawyers now want the case against the Army Commander and the military to be struck out as they said that Commodore Bainimarama and the RFMF have already been granted immunity in relation to the events of December 5th.

Lawyer for ousted Prime Minister Laisenia Qarase and other SDL parliamentarians, Tevita Fa has confirmed that their case has been called in chambers tomorrow afternoon to argue the state's application.

Fa reveals that he was served with the summons yesterday that the state lawyers have argued that the ousted Prime Minister's case cannot go ahead as the Immunity Decree is now in place and no legal challenge should go ahead against the Commander and the RFMF.

Qarase and others are seeking the court's declaration that the December 5th takeover was illegal and unconstitutional and their lawyer has supported the case with originating summons, which they said are legal documents which will prove their case. They are also insisting that Qarase and his group are the legally constituted government.

Fa said it is his client’s legal right to take the court action and he will make his arguments accordingly.

The case will be called before Acting Chief Justice Anthony Gates at 2:30pm tomorrow.