On 25 July, Kaitani claimed that he could not remember signing any Oath of Allegiance to be part of Speight's rebel cabinet. In a written statement, he said that he remembered signing many papers, but no oath of office. On 1 August, Kaitani's defence lawyers Iqbal Khan and Rabo Matebalavu called for the charges against Kaitani and his fellow-accused to be dismissed on the grounds that twelve state witnesses who testified, including New Zealand Police handwriting expert David Boot, had failed to conclusively link the accused to their alleged crime. Judge Anthony Gates dismissed the application on 9 August, however, ordering the trial to continue.