The attempted resignation of a controversial Fiji army officer is being taken to court.
"Samuela Matawalu, the lawyer for Lt Col Filipo Tarakinikini, is filing for a judicial review today [ WED ], asking that the case be accepted."
The army commander, Commodore Frank Bainimarama, has refused Lt Col Tarakinikini's resignation and demanded he return from New York and a UN posting to answer questions about his alleged involvement in the coup.
Mr Matawalu says the prime minister has already cleared his client and it's now time to go to court.
essentially what we want the court to do is to set the thing in motion so that he gets his resignation formalized first, that's the first thing because on that rests his ability to aquire employment with the U.N.
Mr Matawalu says Lt Col Tarakinikini is still in New York and won't be returning to Fiji until the situation is resolved because he believes he's being treated unfairly by the commander.