A panel of Judges headed by Acting Chief Justice Anthony Gates and two others have given time to the State to file its affidavit on their application to strike out the SDL case against the Army Commander and the military.

Solicitor General Christopher Pride made the application this afternoon saying the ousted Prime Minister, Laisenia Qarase'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.

The court will hear the state's arguments on the matter on September 11th before the actual court hearing between Qarase and Commander Bainimarama is heard on the 2nd of October.

Lawyer for Qarase and other SDL parliamentarians, Tevita Fa maintains it is his clients' legal right to take the court action and he is preparing to make his arguments accordingly.