Wednesday, November 12, 2008

Permanent Stay On Ballu Khan Case

Permanent Stay On Ballu Khan Case - 12/11/2008

Businessman Ballu Khan will not face trial in relation to the charge of conspiracy to murder the Interim Prime Minster and others after High Court Judge Justice Andrew Bruce put a permanent stay on all proceedings against him on the case.

However, he has ordered that the rest of the nine accused, Ratu Inoke Takiveikata, Jone Baledrokadroka, Feoko Gadekibau, Barbados Mills, Sivaniolo Naulago, Metuisela Mua, Eparama Waqatairewa, Kamanieli Vosavere and Pauliasi Namulo are to stand trial on the charges as their grounds for application for a stay on their case was dismissed by the High Court Judge.

In a very lengthy ruling, Justice Bruce stated that Khan's personal rights and his rights to a legal counsel were breached by the police and the RFMF and that he was unlawfully and unconstitutionally detained for a substantial period of time after his arrests.

He also concluded that Khan was in fact subject to assault by either the military or the police and was subject to force which was beyond just trying to get him under control.

Outside of court, Khan said he is relieved as it has been a tough 12 months but has a tinge of sadness as the other 9 accused still have hurdles to overcome.

Khan confirmed that his immediate plan is to visit his sick mother in Australia and get further medical treatment and also said that Fiji is not a place for him anymore and he does not have intentions to return to Fiji anytime soon as he plans to start reorganizing his life again.

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