The Fijian High Court has permanently stayed charges against New Zealand businessman Ballu Khan 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 in November 2007, almost a year 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.
Charges against Mr Khan were today permanently stayed but the other nine will have to stand trial.
A pre-trial conference was set down for November 27.
Mr Khan, who has been on bail under curfew, told Radio New Zealand he was "very happy and very relieved" by the High Court's decision.
He said he had been "pretty confident" he would be freed.
"Why would I want to kill anybody, for starters, and the means by which they thought I would kill anybody were all outrageous. I'm not that sort of person. I'm a peace loving person and I don't see any benefit out of any form of bloodshed in Fiji, or anywhere else for that matter."
He said he could have lost his life and continues to suffer from the physical beatings he received.
"The judge made some very strong statements regarding the upholding of the rule of law and my constitutional rights. Which was very encouraging to see the judiciary actually recognise those issues."
Mr Khan said it was a "bitter-sweet" victory with nine other men still awaiting trial.
He said there was "a whole raft of reasons" why the military targeted him.
Mr Khan's lawyer, Peter Williams QC, said today 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 told NZPA.
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 said he hoped to leave Fiji in the next couple of days and his "love-affair with my country of birth is well and truly over".
