PUTRAJAYA: Former Sabah minister Datuk Peter Anthony has failed at the Court of Appeal in his attempt to overturn his conviction and sentence in his forgery case.
A three-judge panel, chaired by Justice Azman Abdullah, unanimously ruled that there was no merit in his application.
Peter, 54, had filed the revision application to have another panel of the Court of Appeal revise a decision by an earlier panel from the same court that upheld his conviction and sentence.
Justice Azman said the court did not find any miscarriage of justice regarding a police report lodged by the third prosecution witness, Mohd Shukor Mohd Din, now deceased, on Aug 9, 2018.
"The absence of this issue in the broad grounds of judgment does not amount to failure of justice because it is clear that it had been fully commented on in the full judgment."
"It is tough for us to assume that this issue was not considered just because it was not stated or commented on in the broad grounds by the earlier panel as it was the main issue that was submitted during the appeal," Justice Azman said here on Wednesday (Aug 20).
He said it was not the duty of the Court of Appeal to re-hear questions that involve matters that have already been decided upon.
"We find there is no breach of natural justice as the applicant was given the right to be heard."
"We find no merit to this application. The application is dismissed," he said.
Other judges on the panel were Justices Noorin Badaruddin and Hayatul Akmal Aziz.
Peter was taken away by prison officers after the proceedings ended.
He was represented by lawyers Mohamed Haniff Khatri Abdulla and Datuk Rosal Azimin Ahmad.
Deputy Public Prosecutors Datuk Wan Shaharuddin Wan Ladin and Haresh Prakash Somiah appeared for the prosecution.
On March 14, Peter filed a notice of motion seeking a review and setting aside of his conviction and sentence handed down by the Court of Appeal on March 4.
He also applied to quash the warrant of committal issued to Kajang Prison and sought any consequential orders necessary to ensure justice is served in the matter.
On March 4, the Court of Appeal ordered Peter to serve a three-year prison sentence after dismissing his final appeal against the conviction and sentence imposed by the Kuala Lumpur Sessions Court in May 2022.
On April 18, 2023, the Kuala Lumpur High Court upheld the conviction and sentence imposed by the Sessions Court.
Peter subsequently filed an appeal on April 19, 2023, seeking to set aside the said decision.
He has since paid the RM50,000 fine imposed by the court.
Peter was charged under Section 468 of the Penal Code, which carries a maximum penalty of seven years' imprisonment and a fine upon conviction.
He was accused, in his capacity as managing director of Asli Jati Sdn Bhd, of falsifying a letter from Universiti Malaysia Sabah’s office of the deputy vice-chancellor 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.
