A judicial review of the case of Solomon Islands MP Jimmy Lusibaea will go before the High Court tomorrow.
The SIBC reports the MP has sued the Director of Public Prosecutions, claiming the assault charges laid against him, his prosecution and imprisonment breached his rights.
Lusibaea was released by the Parole Board last month after serving only 41 days of a two year nine month prison sentence for shooting a hospitalised man in both knees and hitting a police officer over the head during the ethnic tensions in 2000.
Lusibaea's lawyer, Charles Ashley told SIBC News his client's discharge will assist the appeal case.
An earlier application for Lusibaea to be released on bail pending the appeal had been refused by the High Court.