KUALA LUMPUR (May 26): Former Sabah infrastructure development minister Datuk Peter Anthony has been found guilty of forging a letter in 2014 from the office of the Universiti Malaysia Sabah (UMS) deputy vice-chancellor for a system maintenance contract work.
In delivering her judgement orally on Thursday (May 26), Sessions Court Judge Azura Alwi said that the defence had failed to raise reasonable doubt on the prosecution's case, while the prosecution had proven its case beyond any reasonable doubt.
She added that although there was no direct evidence, there was circumstantial evidence to show that the former vice-president of Parti Warisan Sabah had indeed forged the said document for his benefit.
"The court finds that although there is no direct evidence to suggest that you have falsified [the document] by [writing] the title, there are circumstantial evidence and testimonies [to show that] only you have the opportunity to falsify and these testimonies are enough [to prove] that you were the one who forged the document," she said.
Furthermore, she added that the defence's case was inconsistent, a bare denial and an afterthought.
Judge Azura on Thursday also sentenced Peter, who is the Melalap state assemblyperson, to three years in jail and a fine of RM50,000. She also set bail at RM50,000.
Peter's counsel S Devanandan asked for a stay of execution of the jail sentence and said that they will appeal against the decision. Meanwhile, he said that the fine will be paid next week.
SRC case cited as reason for stay
In arguing for a stay, Devanandan cited the "notorious" SRC International Sdn Bhd case. He argued that a stay was granted in that case not only in the High Court but also in the Court of Appeal (COA) stage.
"Let alone in this case one charge, three years' jail and a RM50,000 fine," he said, adding that a stay should be granted.
In the SRC case, Justice Datuk Mohd Nazlan Mohd Ghazali sentenced former prime minister Datuk Seri Najib Razak to 12 years in jail plus a RM210 million fine after finding him guilty of seven criminal charges relating to the former 1Malaysia Development Bhd (1MDB) unit. A stay of execution of the jail sentence and the fine was granted until Najib exhausted his appeal in the COA.
The COA, while upholding the High Court's decision, also granted a stay of execution until Najib's appeal in the Federal Court is exhausted.
However, Deputy Public Prosecutor (DPP) Datuk Wan Shaharuddin Wan Ladin argued that the gravity of the offence should be based on the manner in which the offence was committed rather than the length of imprisonment.
"[In the SRC case], when a stay was given to [the] jail [sentence] and fine, it is my humble submission that it is not a good law, especially the stay of the fine. The decision has opened the floodgates in the lower courts where people have asked to stay the fine, but that is not the case here," he said.
Upon hearing the submissions, Judge Azura granted a stay of execution of the jail sentence but ordered that the fine be paid within the day on Thursday.
DPP: Send a message of 'strong deterrent'
Earlier, during the sentencing hearing which took place briefly after the judgement, Devanandan argued that Peter is an active politician since 2000 who had served the nation with an impeccable reputation and that he did not derive any benefit from the said project.
Furthermore, he added that Peter's company had helped "hundreds" of students through internship opportunities and assisted poor students in UMS.
Devanandan also highlighted that the charge was a "stale charge" as the offence was committed in 2014 but Peter was only charged in 2020. This should be taken as a mitigating factor, he argued, in handing out a lesser sentence.
DPP Haresh Prakash Somiah who submitted for the prosecution argued that Peter's act of forgery had implications for others. He said that another company, REMT Utama Sdn Bhd, had secured the contract through a tender process but Peter "hijacked" this project from them. He also argued that UMS was also affected as two of their high-ranking officials had to leave the higher learning institution.
The DPP urged the judge to take public policy and good governance into consideration when handing out the sentencing to serve as a "strong deterrent" for the general public. He added that a stale charge is still a good and valid charge.
Peter, 51, as the managing director of Syarikat Asli Jati, was accused of including a false statement in the title of the letter with the intention of using it to deceive the office of the principal private secretary to the prime minister. He was accused of committing the offence at the Perdana Putra building in Putrajaya between June 13 and Aug 21, 2014.
He was charged under Section 468 of the Penal Code for forging a document for the purpose of cheating, which entails imprisonment for up to seven years and a fine.
It was reported that the trial began in April last year and saw Najib and former Treasury secretary-general Tan Sri Dr Mohd Irwan Serigar Abdullah testifying for the prosecution. Former chief justice Tun Zaki Azmi, who was the chairman of the UMS board of directors from April 2013 to July 2018, also testified.
Peter was ordered to enter his defence in December last year after the court found that the prosecution had succeeded in establishing a prima facie case against him. In January this year, he appointed new lawyers to represent him in the matter and the defence wrapped its case in February after calling a total of three witnesses to the stand.