Defense counsel for Francis Gabbidon, former ombudsman in the SLPP government, is preparing to file a new motion in the ongoing trial following a 168 count charge of misappropriation of public funds contrary to law.

Lead defense counsel Dr. Bubakarr Jabie on Thursday submitted that allegations against his client were brought out of time, citing relevant sections of the 1991 constitution that deal with criminal proceedings against a public official.

He said such a matter must be brought to court within six months after the alleged act may have occurred.

Presiding judge justice Mary Sey objected Dr. Jabie's application after a heated legal argument.

Jabie said his team would file another motion after his team apparently suffered from that major legal setback.

"In view of the fact that we intend to appeal against this ruling, we want you to grant us a stay of proceeding pending the determination of the appeal. As we know from the indictment, there are 168 charges and it takes considerable amount of time, effort and expenses on both sides in ensuring condition of proceeding of the trial," he said.

"We also want to draw your attention to the principles and laws involve in the objection raised in the application made. We therefore plead with you to grant us another stay proceeding in this matter," he told the court.

The matter was adjoined to Thursday October 16, 2008.