The lawyer of former Fijian Holdings Limited Director Laisenia Qarase this morning filed an application for a permanent stay on the case.

Qarase is charged with 6 counts of abuse of office and three counts of discharge of duty with respect to a property which he has a private interest.

The application was made after Tupou Draunidalo told the court that the two main witnesses related to the case have passed away.

These include former FHL Chairman Lyle Cupit who passed away in 2007 and former Finance Minister Josevata Kamikamica.

Draunidalo told the court that the former Chairman would have been a key witness, taking into account his involvement with the FHL Board.

She says the late Cupit understood company laws, conflict of interest, is a person who initiated many of the company projects and signed in the application for allotment of shares.

She says due to the passage of time some of the key witnesses are no longer available.

Draunidalo in her submission says the defence has been compromised due to the unavailability of the witnesses and there was lack of explanation given to the defence counsel on the non-availability of the witnesses.

FICAC is expected to respond to the submissions.

A ruling on the no case to answer is expected to be made by Judge Justice Priyantha Fernando tomorrow morning.