Forced testimony claim dents prosecution's case: Peter's lawyer

A claim that MACC forced a witness to testify against ex-Sabah minister Peter Anthony jeopardised the prosecution’s forged document case, the appellate court heard.

Peter’s counsel Nicholas Kow submitted that key witness Mohd Shukur Mohd Din lodged a police report over this allegation on Aug 9, 2018.

The lawyer told the Court of Appeal that Shukur’s report made clear the witness’ disagreement with portions of his statement MACC recorded a year earlier.

“However, during the trial, the third prosecution witness (Shukur or SP3) did not disclose the said police report and instead gave damaging evidence towards the appellant (Peter).

“The appellant contends that SP3 in fact has lost credibility as a witness and his testimony should be given very little weight,” Kow told bench chairperson Ahmad Zaidi Ibrahim.

The lawyer added that Shukur passed away two weeks ago, making it impossible for a retrial of the case.

No impact

Today was the hearing of the former Sabah infrastructure and development minister’s final appeal to quash his conviction as well as a three-year jail sentence and RM50,000 fine.

The case involves an alleged forged letter from the Universiti Malaysia Sabah deputy vice-chancellor’s office linked to a system maintenance contract in 2014.

Shukur testified during the criminal trial between 2020 and 2022, which led to his friend Peter’s guilty verdict.

The witness had testified having typed the draft letter on the 53-year-old accused’s computer.

However last year, Peter lodged a police report over Shukur’s false testimony claim.

During today’s appellate hearing, deputy public prosecutor Wan Shaharuddin Wan Ladin countered that the allegation does not shake the foundation of Shukur’s testimony.

The prosecutor noted that the claim does not affect the evidential landscape against Peter.

Case details

At the end of proceedings this afternoon, the bench set Aug 16 for case management to set a decision date on Peter’s appeal.

The Parti Kesejahteraan Demokratik Masyarakat president was found guilty of forging the letter dated June 9, 2014, at the office of the principal private secretary to the prime minister at the Perdana Putra building, Putrajaya, between June 13 and Aug 21, 2014.

In 2020, before the Kuala Lumpur Sessions Court, he claimed trial to the charge under Section 468 of the Penal Code, which provides a maximum seven-year jail term and a fine.

The trial court two years ago convicted him and imposed a three-year jail term and RM50,000 fine.

While he paid the fine, he obtained a stay of execution on the jail term pending disposal of his appeal.

The Kuala Lumpur High Court last year upheld his guilty verdict and sentencing.

Peter risks losing his Melalap state seat if the appellate court upholds his conviction.

Article 48(1)(e) of the Federal Constitution disqualifies a parliamentarian or assemblyperson found guilty in a criminal case and sentenced to two years in jail or fined more than RM2,000.

The prosecution called 15 witnesses to testify against Peter, including former prime minister Najib Abdul Razak, former treasury secretary-general Mohd Irwan Serigar Abdullah, and former chief justice Zaki Azmi.

Peter was among three witnesses who took the stand for his defence.

The other member judges of the appellate bench are Mohamed Zaini Mazlan and Azmi Ariffin.

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