A sex tape involving the New Zealand businessman charged with plotting to assassinate Fiji's military leader will be added to evidence aimed at getting the prosecution dropped.
An application for a permanent stay order in the case against Ballu Khan and nine other men accused of plotting to kill Commodore Voreqe (Frank) Bainimarama and others was filed in the High Court in Suva on Thursday.
Khan's New Zealand counsel, Peter Williams QC, said he told the court there had been an abuse of process with police exhibits, seized from Mr Khan's home and used to make a DVD, sent to fellow counsel Graham Leung along with a threatening letter.
Williams said he did not know the contents of the DVD, but The Dominion Post reported it was offered the DVD showing private sexual acts between Mr Khan and his partner, Agnes Bulatiko.
"I don't know the contents of the tapes which are private and confidential matters which have no relevance to the case, but the police seized the material in the course of their search ... and it was made into a DVD by some firm," Williams told NZPA from Suva.
"So the police have to take responsibility one way or another, because they were exhibits in the custody of the police. Either the police deliberately disseminated this material or they were negligent in not keeping proper custody of it."
Williams said the only witnesses in the case were military people and there was a longstanding vendetta between the military and Khan.
Justice Daniel Goundar ordered the police to release Khan's vehicles which they seized last year but declined applications to remove the curfew and police reporting conditions of his bail.
Pre-trial issues will be heard on June 4.
Williams said Khan was angry about his personal and confidential material being sent to the press and "the marketplace generally".
"It is pretty disgusting behaviour really. It is abuse of process too and we will be adding that as additional grounds for a stay of proceedings," Williams said.
Khan's legal team only became aware of the tapes in the past 24 hours, so did not have time to include them in the stay application lodged with the court on Thursday.
But one Fijian newspaper received a copy of the DVD two days ago, Williams said.
