The lead counsel for the Interim Prime Minister Commodore Frank Bainimarama and others, QC Gerard McCoy this afternoon revealed the State would not be calling any witnesses in the case to determine the legality or otherwise of the events of December 5th 2006.

QC McCoy said they will highly likely be calling zero witnesses as their main issue of the case is Justifiability and Discretion, however he added if during the course of the case they think witnesses need to be called then the panel of judges and the opposing counsels would be informed.

He was replying to concerns raised by lead counsel for ousted SDL members, QC Nye Perram that the court still had not received the State's list of witnesses.

Meanwhile, Amacus in the case, Fiji Human Rights Commission Chair Dr Shaista Shameem said removing evidence would deprive the people of Fiji of knowing what happened, if communication between the President, Ratu Josefa Iloilo, his Official Secretary Rupeni Nacewa and the then Prime Minister, Laisenia Qarase was not released in court.

Shameem said the fact the President has already authorized his Official Secretary Nacewa to do an affidavit of the events prior to December 5th 2006, on the date itself, and on January 7th 2007, merely shows the President's willingness to reveal what happened.

She then referred to the Chandrika Prasad case of 1997 whereby the Courts did not hesitate to study the actions of the President and all relevant parties then, adding a precedent had been set.

Earlier today, QC Gerard McCoy objected to using the affidavits of the President's Official Secretary Rupeni Nacewa saying if Cabinet papers are not being made public then why should official communication between the three, the President, his Secretary and Qarase be made public.

He adds that this would be a step down since the President has executive privilege. The case has been adjourned to 9.30am on Tuesday.