Jailed Tiensten remains an MP

Paul Tiensten is still a member of parliament for 40 days, his lawyer Greg Sheppard says.
Tiensten was convicted of one count of misappropriation and was sentenced to nine years imprisonment with hard labour by Deputy Chief Justice Gibbs Salika last Friday.
Sheppard said the Constitution stated that if a member of parliament is convicted and is sentenced for a period exceeding nine months, he or she is no longer qualified to remain an MP.
According to the Constitution, the end of any statutory period, however, allows for appeal against the conviction or sentence.
If an appeal is lodged within the period of nine months, the appeal is determined. 
“In this case, Tiensten has been given 40 days which is limited time to appeal against his conviction and sentence,” Sheppard said.
“Tiensten has 38 days left to go before he loses his seat as a member of parliament.
“The deadline to Tiensten’s position as Pomio MP and member of parliament will be after the hearing and determination of the appeal if one is filed.”
Sheppard said he had not received any instructions as yet to appeal against the conviction and sentence of Tiensten but would be advised later in the week.
In support, an associate lawyer of Young and Williams Lawyers added that by the operation of the constitution, Tiensten will not be qualified to be called an MP after forty days if an appeal is not filed against the conviction and sentence.
“If an appeal is filed against the conviction and sentence, he is still qualified until the appeal is determined with regards to the outcome of the appeal as well,” he said.
Hard labour means that his treatment in prison will be more severe which includes the cutting of grass and digging of drains and other work around the prison.