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The Fijian High Court has freed New Zealand businessman Ballu Khan and permanently stayed charges that he was involved in a conspiracy to assassinate Fiji's self-appointed Prime Minister Voreqe (Frank) Bainimarama.
Mr Khan and nine others were accused of conspiring to assassinate Commodore Bainimarama and several of his cabinet ministers.
They were arrested after Cdre Bainimarama overthrew the elected government in a December 2006 bloodless coup.
Defence lawyers asked for a stay order saying evidence important to the case had been destroyed and this had prejudiced their case.
Mr Khan's lawyer, Peter Williams QC, said today Mr Khan was "relieved" after a long year.
"Obviously, he's relieved, but on the other hand it's been a year now so he's had a long period of oppression and at the time of his arrest he was badly beaten by the military, physically, and he still suffers from the after-effects of that.
"So, even though we're relieved today to be cleared there are still matters to be attended to," he said.
Mr Williams said Mr Khan had an outstanding writ in the Fijian civil court claiming damages and compensation for the disregard of his liberty and for his physical injuries.
Justice Andrew Bruce said in court today liberty was a precious thing, enshrined in Fiji's constitution, and the military and police disregarded this, Mr Williams said.
Mr Khan was kept in custody for 60 days without appearing before a judge and he was not initially able to see a lawyer in private.
"I think it's (the stay) a victory for freedom of the individual in Fiji and really lays it down very clearly that people's liberty has to be respected, you can't detain people without proper procedure and I think that's really what it's all about."
Mr Williams has advised Mr Khan to return to New Zealand.
"He's a very popular guy here in Fiji. He's been a benefactor of rugby and education and various things here. So, obviously he has a lot of ties to Fiji."
Mr Khan's nine co-accused will still have to stand trial.
A pre-trial conference was set down for November 27.
Mr Williams said it was "sad" they were not also cleared and said they seemed to him to be a "great group of people".
"It would have been preferable if they'd all been cleared today instead of Ballu, but we've got to be grateful for small mercies."
- NZPA
