KOTA KINABALU, Aug 28 — Melalap assemblyman Datuk Peter Anthony has until September 2 to file a petition for pardon or face automatic disqualification from the Sabah State Legislative Assembly, said Speaker Datuk Kadzim Yahya.
Kadzim said the Court of Appeal’s rejection on August 20 of Peter’s bid to review its earlier March 4 decision means the conviction and sentence handed down by the Sessions Court remain intact.
“As the law provides, he has 14 days from the date of decision to file his petition for pardon and if such petition is not filed within the stipulated time frame, which in this case is up to September 2, then the seat of the State Assembly for N.42 Melalap shall automatically become vacant on September 3,” he said.
Kadzim said that his office has yet to receive any formal word from Peter’s lawyers on whether he was filing an appeal with the Pardons Board.
He also stated that it is unclear whether there will be another sitting before the end of the term. Either way, there will be no by-election for the Melalap seat.
The current state assembly term will automatically dissolve on November 11 this year, after five years, to pave the way for state elections, unless the Chief Minister calls for a dissolution before then.
Under Article 17(1)(e) of the Sabah State Constitution, an assemblyman convicted and sentenced to imprisonment of not less than one year or fined not less than RM2,000 is disqualified from office.
Kadzim said the provision must be read together with Article 17(3A), which allows a lawmaker to file a petition for pardon within 14 days of conviction.
On August 20, the Court of Appeal rejected Melalap assemblyman Datuk Peter Anthony’s bid to have his conviction and sentence reviewed, ruling unanimously that his application had no merit.
Peter had sought a revision of a March 4 decision by another Court of Appeal panel which upheld his three-year prison term and RM50,000 fine imposed by the Kuala Lumpur Sessions Court in May 2022. The High Court had earlier affirmed the sentence in April 2023.
He was found guilty under Section 468 of the Penal Code for falsifying a letter from Universiti Malaysia Sabah’s vice chancellor’s office dated June 9, 2014, while serving as managing director of Asli Jati Sdn Bhd. The falsified document was allegedly used in Putrajaya between June and August 2014.
The offence was allegedly committed at the office of the principal private secretary to the Prime Minister, Perdana Putra Building, Putrajaya, between June 13 and Aug 21, 2024.
