THE lawyer representing ousted prime minister Laisenia Qarase will not challenge the executive privilege protecting the President, Ratu Josefa Iloilo, military commander Commodore Voreqe Bainimarma and the President's official secretary, Rupeni Nacewa, to be cross examined in court.
Queen's Counsel Nye Perram said they could not prove certain paragraphs in their statement of claims against Commodore Bainimarama and others because the three people they had wanted to question would not be called.
Mr Perram said their statement of claims would need to be amended as a result. It is understood Mr Perram had opposed the executive privilege the opposite claimed to be protecting Ratu Iloilo, Commodore Bainimarama and Mr Nacewa from being questioned on the actions taken before and after the 2006 coup.
He had wanted to scrutinise certain actions that led to his client's purported removal as PM.
In court yesterday, Mr Perram opted to strike out the paragraphs saying he did not want to waste the court's time.
Mr Perram's submissions frustrated QC Gerard McCoy representing the Commodore and the interim Attorney-General Aiyaz Sayed-Khaiyum.
He said the plaintiffs had not informed them of their intention earlier and he had spent the past 72 hours preparing himself on the issue.
He said he was being put to the sword when arguments unfolded last week saying the change of mind by Mr Perram had also wasted the judge's time.
Counsels agreed Mr Qarase should take the stand today.