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PUTRAJAYA: The prosecution has objected to former Sabah infrastructure development minister Datuk Peter Anthony's (pic) application for a review of the Court of Appeal's decision to uphold his three-year jail sentence and RM50,000 fine for falsifying documents.
The offence was related to a maintenance and service contract at Universiti Malaysia Sabah (UMS).
DPP Datuk Wan Shaharuddin Wan Ladin informed a three-member Court of Appeal panel chaired by Justice Datuk Che Mohd Ruzima Ghazali on Tuesday (May 13) that the prosecution had filed the preliminary objection on April 25, on the grounds that Peter's application was premature.
"The parties have also been informed that the grounds of judgment are currently being prepared, and the prosecution is not preventing the applicant from filing the review,” said Wan Shaharuddin.
ALSO READ: Peter Anthony to begin prison term after losing final appeal
Also presiding over Tuesday's proceedings were Justices Datuk Azman Abdullah and Datuk Azhahari Kamal Ramli.
Earlier, Peter’s lawyer Datuk Rosal Azimin Ahmad said they had applied for the full written grounds of judgment, which had yet to be completed.
"Our side (the applicant) had requested the court recording transcription but we did not receive it and only have the notes of proceedings,” he said, adding that they were requesting that the review proceed based on the brief grounds of judgment given by the Court of Appeal previously.
Counsel also said they had filed a certificate of urgency as the case involved public interest, with Peter’s status in the Sabah State Legislative Assembly still unresolved.
The court then fixed Friday (May 16) for an e-review mention via Zoom to set the hearing date for Peter’s review application and the prosecution’s preliminary objection.
On March 14, Peter filed a notice of motion seeking that the Court of Appeal review and set aside the conviction and sentence it imposed on March 4 under Section 468 of the Penal Code.
Peter is also seeking the cancellation of the prison warrant dated March 4 issued to Kajang Prison, as well as any consequential orders necessary to ensure justice is served.
ALSO READ: Former Sabah minister Peter Anthony seeks to review Court of Appeal's decision
On March 4, the Court of Appeal ordered Peter to serve a three-year jail sentence after dismissing his final appeal against the conviction and sentence handed down by the Kuala Lumpur Sessions Court in May 2022.
Peter had earlier filed an appeal on April 19, 2023 to overturn the conviction and sentence, but this was rejected by the Kuala Lumpur High Court on April 18, 2023, which upheld the Sessions Court's decision.
He has already paid the RM50,000 fine imposed.
According to the charge, Peter, as managing director of Asli Jati Sdn Bhd, was accused of falsifying a letter from the Office of the Deputy Vice-Chancellor of UMS dated June 9, 2014, by inserting false statements with the intent to deceive.
The offence was allegedly committed at the Office of the Principal Private Secretary to the Prime Minister, Perdana Putra Building, Putrajaya, between June 13 and Aug 21, 2014.
It carries a maximum jail term of seven years and a fine upon conviction under Section 468 of the Penal Code. – Bernama
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