KUALA LUMPUR: The High Court here today fixed April 18 to decide on former Sabah Infrastructure Development Minister Datuk Peter Anthony's appeal against his jail sentences and guilty conviction.
High Court judge Ahmad Bache fixed the date after hearing lengthy submissions from both the deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin and lawyer S. Devanandan on behalf of Anthony.
Earlier, Devanandan submitted that the prosecution had failed to prove the crux of the charges, and Anthony's involvement in preparing the document at all.
However, Wan Shaharuddin argued that the circumstantial evidence showed that Anthony stood to benefit from the project, and that his intention to hijack the contract award process could be seen from the onset.
"This could be seen from Anthony's caution statement made during the prosecution stage, where he admitted the project was awarded through open tender. He testified that the process (to get the contract) could still be lobbied through 'back door', using his influence, and two others' influence.
"Without the title (written in the document), the document would then be a worthless piece of paper.
"Moreover, this is a case of deception, upon deception. The testimony where the accused berated the first prosecution witness for not awarding him the tender, was never challenged," he said.
He also submitted that the accused should be grateful for the three-year jail sentence as it was low.
"He was sentenced three out of seven years of jail. And fined only RM50,000. I pray to the court to dismiss his appeal and maintain his conviction and sentences," he said.
Anthony was charged in 2020, as the managing director of Asli Jati Engineering Sdn Bhd for using a forged letter from Universiti Malaysia Sabah (UMS) deputy vice-chancellor's office with the intention to deceive the prime minister's principal private secretary.
The related document was in regards to a purported collaboration with UMS to fund and set up an M&E technical training centre via direct negotiation in July 2014.
He was accused of committing the offence at the Perdana Putra Building in Putrajaya between June 13, 2014, and Aug 21, 2014.
The former Parti Warisan Sabah vice-president was also charged with an alternative count of using a false document as genuine, namely a letter from the office of the deputy vice-chancellor of UMS dated June 9, 2014, which had a false statement in the title of the letter, and he had reason to believe that the document is false, at the same place and time.
His charges were framed under Section 468 of the Penal Code that carries a maximum of seven-year imprisonment, and a fine upon conviction.
Sessions Court judge Azura Alwi sentenced Anthony, on May 26 last year, to three years' jail and RM50,000 fine after finding him guilty of the charges.
Anthony paid the fine and filed an appeal against the sentence in June last year.