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. Kaitani said that of the ten thousand people who had gathered in the parliamentary complex when the crisis was at its height, not one had seen him taking an oath or signing any documents. He questioned why the three alleged witnesses, including former Vice-President Ratu Jope Seniloli, had not been called to give evidence against him. Judge Anthony Gates dismissed the application on 9 August, however, ordering the trial to continue.