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.

Fuimaono said they will await whether their application will be accepted and then will officially appeal the decision by Judge Atoa-Sa'aga.

On Tuesday, Sua and his wife Kepi walked out of the District Court even after being given jail terms, as the time they had already served in remand custody fulfilled their sentence.

Meanwhile, Schmidt was discharged without a conviction. Judge Talasa Atoa-Saaga gave her decision on the high-profile conspiracy case on Tuesday.