Navy Commander Francis Kean's legal counsel Haroon Ali Shah has today filed an application for leave to appeal and for bail pending appeal.

The appeal will be heard on Thursday at 11.45am before Judge Justice John Byrnes in chambers.

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 earlier 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 his niece's wedding at the Royal Suva Yatch Club on New Year's Eve.