Lealailepule Rimoni Aiafai, a complainant in the high-profile conspiracy case, is attempting to appeal Prime Minister Laaulialemalietoa Leuatea Schmidt's acquittal in March.

 A motion to file an appeal out of time has been filed.

The decision delivered by the District Court in March cleared Laaulialemalietoa of criminal charges stemming from a probe into an unsolved, fatal hit-and-run in 2021, involving Tuuau Faasavalu, a university student.

The basis for the charges against six accused was the claims by Samuelu Sua, who claimed to have witnessed Lealailepule hit Tuuau with his car. The court ruled this to be a fib and found Sua, his wife Sivai Kepu and Lisa Marie Schmidt guilty. They are to be sentenced next week.

Judge Talasa Atoa-Saaga found Laaulialemaietoa not guilty of perverting the course of justice, fabricating evidence, harassment and making false statements.

Also cleared were former MP and Associate Minister of Police, Fepuleai Faasavalu Sua and former police officer, Lio Faataumalama Auava.

Lealailepule's lawyer, Fuimaono Sefo Ainuu, told RNZ Pacific on Thursday that he filed an out of time motion to appeal the judge's decision in the Supreme Court last week.

However, he declined to explain the grounds for the appeal as the matter is being called before the court on 25 May.

"The expectation is that it will be called for the court to confirm whether the application has been served on the other parties and to schedule dates for responses (if any)," Fuimaono said.

Laaulialemalietoa, who launched the initial investigation into the hit and run, has stated that five police officers from New Zealand will travel to Apia to reinvestigate the case.

He was initially charged in January 2025 while serving as a cabinet minister under the then Prime Minister Fiame Naomi Mata'afa.

His predicament triggered one of the most significant political crises Samoa has seen in recent years, and led to a dramatic split within the ruling Faatuatua i le Atua Samoa ua Tasi (FAST) party.

Fiame sacked Laaulialemalietoa, the FAST party chairman, who was Minister of Agriculture and Fisheries.

Snap elections were called in August last year after months of political instability culminated in Fiame's minority government failing to pass its 2025 budget.