Navy Commander Francis Kean's legal counsel, Haroon Ali Shah confirms that he will submit the appeal application to the Fiji Court of Appeal by midday tomorrow.

Shah is appealing the 18 months sentence imposed by High Court Judge Justice Gerard Winter last Friday, after Kean pleaded guilty to a count of manslaughter.

Shah said that his client should have been given a suspended sentence after showing a good record with the Navy.

Meanwhile Justice Gerrard Winter, earlier stated in court that a non-custodial sentence could not be considered as maximum assault was used by Kean, who could have avoided causing the death of John Whippy, had he controlled his temper at the wedding of his niece, and Interim Prime Minister, Frank Bainimarama's daughter.