Ex-minister Peter’s applications dismissed
The Special Court for Corruption yesterday dismissed the applications of former Sabah Infrastructure Development Minister Datuk Peter Anthony to strike out his five money laundering charges and one abetting charge.
KOTA KINABALU: The Special Court for Corruption here yesterday dismissed applications of former Sabah Infrastructure Development Minister Datuk Peter Anthony to have his five money laundering charges and one abetting charge be struck out.
In his reserved verdict, judge Abu Bakar Manat did not allow the applications by Anthony, 49, on the grounds among others that the judge agreed with the prosecution that the applications were premature as evidence had not been adduced by the prosecution.
The judge also held that as to whether the charges are groundless, the court will decide and make finding after hearing all the evidence adduced by the prosecution
The court said that for the court to consider whether the charges are groundless at this juncture, evidence must first be led by the prosecution in order to enable the court to consider there are sufficient reasons or evidence on the charge to sustain or not.
The judge explained that this of course necessitate for the trial to commence first then only the court will evaluate all the evidence, may make a finding whether the charges are groundless or oppressive.
Apart from that, the judge also held that it was the court’s view all the issues cited and disputed by defence counsel were questions of fact and law, therefore it should be decided by way of proper court and not by the judge or the prosecution’s evidence.
The judge further explained that the facts and issues can only be determined by hearing of witnesses and proper examination of documents and exhibits during the trial.
In fact, the court said that this is criminal case and the burden of prove at all time is on the prosecution to prove its case beyond reasonable doubt.
The judge added that as of now the accused is innocent and presumed to be innocent until proven guilty.
Peter through his counsel Datuk Douglas Lind filed the applications on July 29, 2020, seeking orders from court to quash the charges on the grounds that the charges were allegedly groundless, oppressive and abuse of court’s process.
The notice of Peter’s applications stated that the charges involved in these applications were two framed under the Anti-Money Laundering and Anti Terrorism Financing Act (AMLATFA) 2001, three charges under the Anti-Money Laundering, Anti-Terrorism 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.
Peter also sought other orders from 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 in the same court here to one count of instructing two company directors to transfer RM1,750,000 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 of which RM900,000 of the said amount was 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 his passport be impounded by court but he has liberty to apply to get it if there is necessity.
Peter was also ordered to report at the Malaysian Anti-Corruption Commission’s (MACC) office once every two months with the date to be decided by the MACC.
Then on June 18, Peter had pleaded not guilty before the same court here 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 of 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 the 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 jointly tried.
Micheal, who was represented by counsel Zahir Shah, was also charged with embezzling RM15,545,400 being 10 per cent payment of the purchase of more than several acres of oil palm plantation land in Tongod three years ago.
Apart from the criminal breach of trust charge, Michael, 64, also faces another two charges of accepting a total of RM3,960,000 from a company which was allegedly obtained from illegal activity.
On the first count, Michael had allegedly embezzled the said money in his capacity as an agent for Risda which was paid via cheque to Tetuan Michael Ubu & Co being the 10 per cent payment from the purchase of 6,768,688 acres of land at Sg Pinangah and Sg Labau, both in Tongod by fraudulently breaching the contract between him and Risda at his law firm in Penampang between July 22, 2014 and November 19, 2015.
The charge was under Section 409 of the Penal Code which provides for a jail term of up to 20 years and whipping and also liable to a fine, upon conviction.
On the second count, Michael had allegedly accepted RM2,960,000 from a company allegedly obtained from illegal activity at the same place between November 25, 2015 and May 10, 2016.
The alleged offence was framed under Section 4 (1) (b) of the AMLATFPUA 2001.
On third count, Michael was accused of accepting another RM1,000,000 from the same company which was also allegedly obtained from illegal activity at the same place on July 25, 2014.
The charge was levelled under Section 4 (1) (a) of the AMLATFA 2001.
For this case Michael is currently released on a bail of RM1 million bail deposited with RM700,000 with two local sureties who are his wife and child.
The court further ordered for the accused’s passport to be impounded and to report to MACC here once in two weeks, pending disposal of his cases.
The court fixed June 25 for further pre-trial cases management.