The murder trial of Navy Commander Francis Kean has been vacated to next Tuesday as the defense has filed an application for Judge Gerrad Winter not to preside over the case.

The High Court Registry confirms the application was filed by defense lawyer Abhay Singh and a ruling on the application will be made tomorrow.

When asked on the matter, Singh only said that an application has been made but refused to reveal more information.

However, Village News has been reliably informed that the defense does not want Judge Gerard Winter to hear the case due to alleged bias and thus it wants Justice Winter to be disqualified.

It is alleged that on 31st December last year, Kean assaulted John Whippy outside the Suva Yacht Club which resulted in Whippy's death.