Court upholds ex-Sabah minister's conviction for forgery

 

The High Court in Kuala Lumpur dismissed Peter Anthony’s appeal to quash his guilty verdict in a forged document case involving a system maintenance contract.

Judge Ahmad Bache this afternoon denied the former Sabah infrastructure and development minister’s appeal in the forgery case linked to a letter from the Universiti Malaysia Sabah (UMS) deputy vice-chancellor’s office in 2014.

However, the judge allowed Peter’s counsel S Devanandan’s application for a stay of the execution of the conviction and three-year jail sentence pending disposal of his further appeal to the appellate court, which is his final appeal avenue.

Peter’s (above) final appeal avenue stops at the Court of Appeal as the case originated from the Sessions Court, with the High Court avenue already done.

The Kesejahteraan Demokratik Masyarakat (KDM) president is appealing against a Kuala Lumpur Sessions Court decision on May 26 last year that convicted as well as sentenced him to a jail term and RM50,000 fine for a charge framed under Section 468 of the Penal Code.

The then-managing director of Syarikat Asli Jati was accused of forging the letter dated June 9, 2014, by inserting a false statement with the intent of using it for fraudulent purposes.

Offence committed in Putrajaya

Peter allegedly committed the offence at the office of the principal private secretary to the prime minister at the Perdana Putra building, Putrajaya, between June 13 and Aug 21, 2014. Conviction provides for imprisonment of up to seven years and a fine.

During open-court proceedings today, Ahmad ruled that the sessions court judge had made the correct finding in the case against the 52-year-old appellant, due to the strength of the prosecution witnesses' testimony.

Judge Ahmad Bache

The judge pointed out that the gist of the appellant's defence during the trial was bare denial and mere afterthought.

Ahmad noted that the prosecution witnesses’ testimonies did not contradict each other and that they had no reason to concoct false testimony.

The judge noted that two of the prosecution witnesses were even subjected to disciplinary proceedings by UMS, resulting in them tendering their resignation from the university.

“They (the prosecution witnesses) thought the (forged) letter was for the benefit of UMS. They have no motive or ill intent,” Ahmad said.

The judge pointed out that this was different from the appellant, who has an interest in being part of Syarikat Asli Jati and then to forge the letter to ensure the company would get the maintenance contract from UMS.

Ahmad noted that not only the prosecution witnesses testified that Peter was involved in the forgery, but that the forgery resulted in another company - which previously through open tender was awarded the system maintenance contract - losing the said contract to Syarikat Asli Jati.

In relation to the three-year jail sentence and RM50,000 fine in lieu of another 15 months imprisonment against Peter, the judge ruled that the sentencing is not manifestly excessive.

Deputy public prosecutor Wan Shaharuddin Wan Ladin prosecuted the case.

It was reported that Peter had paid the fine while awaiting the disposal of his appeal. - Mkini