Jan 13 re-mention of Peter’s money laundering cases
KOTA KINABALU: The Sessions Court here yesterday fixed January 13 to re-mention former Sabah Infrastructure Development Minister Datuk Peter Anthony's five money laundering and one abetment charges.
The court set the date for the cases of Peter, 49, which was previously postponed to a date to be fixed.
On August 4, Peter informed the court that on July 29, he had filed application seeking orders from court to quash the charges against him on the grounds that the charges were allegedly groundless, oppressive and abuse of court's process.
The notice of Peter's application stated that the charges involved in these applications were two charges framed under Anti-Money Laundering and Anti Terrorism Financing Act (AMLATFA) 2001, three charges under the Anti-Money Laundering, AntiTerrorism Financing and Proceeds of Unlawful Activities Act (AMLATFPUA) 2001 and one charge under Section 109, read together with Section 409, both sections are under the Penal Code.
Apart from that, Peter also sought other orders from the court namely, to acquit and discharge him, to have all or any further proceedings be stayed pending disposal of both applications and other reliefs/ directions/orders which the court may deem fit, proper and appropriate.
On June 11, Peter had claimed trial to one count of instructing two company directors to transfer RM1,750,000 million from a company's account to another account and four charges of accepting a total of RM7 million allegedly obtained from illegal activities to be credited to his company's account.
On the first count, Peter was accused of involving in illegal activity transactions by instructing the two staff of a company to transfer the said amount to another different company's account at a bank branch at Jalan Perpaduan in Kampung Air here on July 25, 2014.
On the second count, the Melalap Assemblyman was alleged to have accepted RM2 million obtained from illegal activity from a company which was allegedly credited to the accused's company's account at the same place on August 4, 2014.
These two charges were levelled under pre amendment Act of Section 4 (1) (a) of the AMLATFA 2001 which provides for a fine of up to RM5 million or a jail term of up to five years or both, upon conviction.
The said Act was amended on September 1, 2014.
Therefore, Peter's third to the fifth charges were framed under post amendment Act of Section 4 (1) (b) of the AMLATFPUA 2001 as it was allegedly committed at the same place on September 5, 2014, December 7, 2015 and November 20, 2015 respectively.
For this post amendment Act, the provision of the section provides for a jail term of up to 15 years and a fine not less than five times of the alleged amount of illegally activities or equipment or RM5 million which amount is higher, upon conviction.
The three charges accused Peter of accepting RM500,000, RM400,000 and RM4,100,000 respectively, allegedly obtained from illegal activities from a company which RM900,000 of the said amount were allegedly credited to Peter's company's account.
For these five charges Peter was granted a bail of RM500,000 with two local sureties and ordered for Peter's passport be impounded by court but Peter has liberty to apply to get his passport if there is necessity.
Apart from that, Peter also ordered to report at Malaysian Anti-Corruption Commission's (MACC) office once every two months which the date will be decided by the MACC.
Then on June 18, Peter had pleaded not guilty to abetting with a Sabah lawyer in embezzling RM15,545,400 being the ten per cent payment of the purchase of several acres of oil palm plantation land in Tongod.
He was alleged to have abetted with Persius Henry Bolutong @ Micheal Persius Ubu, 64, in the alleged breach of a contract agreed between Michael Ubu and Rubber Industry Smallholders Development Authority (Risda).
The charge stated that Micheal, who is an agent to Risda, in his capacity was entrusted with the money, which was paid via a cheque into the bank account of Tetuan Micheal Ubu & Co for the purpose of the 10 per cent payment from the purchase of 6,768.688 acres land at Sg Pinangah and Sg Labau, both places are in Tongod.
Peter was alleged to have committed the offence at Tetuan Micheal Ubu & Co, Beverly Hills Plaza, Jalan Bundusan in Penampang between July 22, 2014 and November 19, 2015.
The alleged offence was under Section 109 of the Penal Code and read together under Section 409 of the same Code, which carries a jail term between two years and 20 years and with whipping and also liable to fine, upon conviction.
The court had on that day granted for Peter's previous bail conditions to be adopted and the sum of bail is the same as the previous amount since there are possibilities for Peter's cases to be consolidated and be jointly tried.