Former Sabah minister unsuccessful in seeking a new trial for a forgery conviction
In a recent decision, the Court of Appeal has dismissed Peter Anthony's application to set aside his conviction for falsifying documents related to a Universiti Malaysia Sabah (UMS) maintenance and service contract. The court ruled that there was no miscarriage of justice, despite the absence of a witness's police report in the broad grounds of the appeal judgment.
Justice Azman Abdullah, chairing a three-judge panel, rejected an application for review regarding a police report lodged by prosecution witness Mohd Shukur Mohd Din. The case in question involves Peter, a former state minister in the Warisan-led Sabah government between 2018 and 2020.
Peter was charged in his capacity as managing director of Syarikat Asli Jati Sdn Bhd with forging a letter from the office of the UMS deputy vice-chancellor, dated June 9, 2014. The issue at hand in the case is the alleged misuse of UMS by Peter to mislead then prime minister Najib Razak into securing a contract.
Peter's review application sought to set aside the Court of Appeal's final ruling convicting him of the offence and for a retrial. However, the court found that the issue concerning the police report had been thoroughly addressed in the full grounds of the appellate judgment, and the failure to include it in the broad grounds did not amount to natural justice being breached or justify a retrial.
Haniff Khatri Abdulla, Peter's lawyer, stated that the lack of reference to the fresh evidence in the broad grounds amounts to an afterthought. The fresh evidence presented by Shukur Din did not help to exonerate Peter, according to the full judgment written by Justice Zaini Mazlan.
Peter contended that Shukur's police report exonerated him and that the non-disclosure of the evidence at trial had prejudiced him. The Court of Appeal granted Peter's application to admit Shukur's police report as additional evidence. However, the court emphasized that Peter had been given the right to be heard, and it was not the court's role to re-hear evidence already decided.
Peter was sentenced to three years' jail and fined RM50,000 by the sessions court in Kuala Lumpur in 2022. He has paid the fine and is currently serving his sentence. Shukur Din had alleged that a Malaysian Anti-Corruption Commission investigating officer concocted a part of his police report to implicate Peter in misleading then prime minister Najib Razak. However, these allegations did not sway the court's decision.
In conclusion, the Court of Appeal has upheld its previous decision in the case of Peter Anthony, finding no miscarriage of justice in the conviction for falsifying documents related to a UMS maintenance and service contract. Peter will serve his prison sentence as ordered.
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