An application for leave to appeal out of time against the District Court's decision in the high-profile constituency case was filed in the Supreme Court on Monday.

The District found Sam Sua, Sivai Kepi and Lise-Marie Schmidt guilty in the case, which revolves around statements made by Sua that he witnessed the hit-and-run where a university student was killed. Three other accused, Prime Minister Laaulialemalietoa Leuatea Schmidt, Fepuleai Fiamata Sua and Lio Auava were found not guilty.

The charges were defamation, giving false statements, conspiracy and perverting the course of justice.

Appellant Lealailepule Rimoni Aiafi believes it's not justifiable for La'aulialemalietoa, Auava, and Fepuleai to have been cleared of the conspiracy charges.

Counsel for Lealailepule, Fuimaono Sefo Ainu'u, confirmed that the application was filed on Monday for an extension of the 21-day appeal deadline and a stay of the decision by Judge Atoa-Sa'aga.