Lawyer argues for Fiji plot charges to be dropped

Lawyers for 10 men, including New Zealander Ballu Khan, accused of plotting to kill Fiji's self-appointed prime minister Voreqe (Frank) Bainimarama argued in the Suva High Court yesterday to have the charges dropped.

Khan and the other nine are charged with conspiracy to assassinate Commodore Bainimarama and some cabinet ministers. Military leader Cdre Bainimarama overthrew the elected government in a December 2006 bloodless coup.

Businessman Khan, who was born in Fiji, was arrested last November along with the others.

His lawyer Peter Williams QC told the court that under section 29 of the Constitution everyone had a right to fair trial and the fact that an important piece of evidence had been destroyed, prejudiced the defence and did not allow the accused person a fair chance to fight back, the Fijilive website reported.

He said there must be common discovery, but in this case a series of written notes on which the prosecution was basing its case had been destroyed.

Mr Williams added there was a possibility of prejudice as it was the duty of the State to preserve evidence, which it had failed to do.

He said this impaired the ability of the defence to cross-examine and therefore a stay of prosecution had to be granted.

Another defence lawyer Devanesh Sharma argued the investigation was done by the military but no report had been made available to the defence.

He said this had obstructed justice.

Presiding judge, Justice Andrew Hickie had indicated that unless the State could produce missing evidential documents, the case would be struck out which would be the equivalent of an acquittal.

The hearing continues today.

- NZPA