KUALA LUMPUR, May 26 — Datuk Peter Anthony has deceived four individuals, including Datuk Seri Najib Razak, to get a contract for the operation and maintenance of the mechanical and electrical (M&E) system at Universiti Malaysia Sabah (UMS), worth almost RM25 million, to be awarded to his company, Asli Jati Engineering Sdn Bhd.
Sessions Court Judge Azura Alwi, in her ruling, said that Peter had deceived Najib, then prime minister and finance minister, by stating that he had obtained UMS support for the Phase 2 M&E work contract, while the support provided by UMS was in fact for the smart partnership project.
She said the accused also deceived UMS deputy vice-chancellor (Academic & International) Prof Shariff Abdul Kadir S Omang, former UMS registrar Datuk Abdullah Mohd Said who is also Ulink Property Sdn Bhd former chairman and Peter’s friend, Mohd Shukur Mohd Din.
“There is enough evidence that the accused had deceived the three by obscuring their minds on the smart partnership between UMS’ wholly-owned subsidiary, Ulink Property Sdn Bhd and Peter’s company, Asli Jati,” she said.
Azura said that the three individuals, who were prosecution witnesses, had also been subjected to disciplinary action due to the actions of the former Sabah infrastructure development minister.
Azura said there was no issue of the three individuals wanting to impose and lay the blame on the accused, simply because there was no evidence to show that the charges against the accused were politically motivated, as raised by the defence.
On the charge of falsifying the document, she said although there was no direct evidence to show that the accused had committed forgery, by inserting a false statement in the title of the letter of support to the Finance Ministry, there was evidence that only the accused had the opportunity to falsify the letter.
“Evidence shows that Mohd Shukur (third prosecution witness — SP3) had typed the draft letter in the computer at the accused's office, and then left a blank letter with the letterhead of the UMS deputy vice-chancellor's office,” she said.
Azura added that after evaluating and considering the testimony of the prosecution and defence witnesses, the court found that the defence’s version was an inconsistent denial and a mere afterthought.
“The accused’s denial that he went to the office of Najib's former principal private secretary, the late Datuk Azlin Alias, on June 13, 2014, and handed over a letter of support to Azlin, did not raise reasonable doubts as the evidence of third and eighth prosecution witnesses confirmed the act,” she said.
According to Azura, there was evidence to show that only the accused has an interest in the M&E work contract, while SP3, SP8 (Professor Shariff) and SP9 (Abdullah) have consistently stated that they are only involved in the smart partnership phase between UMS-owned subsidiary, Ulink Property and Asli Jati only.
Azura said Peter was determined to get the project in the interest of himself and his company (Asli Jati).
She said, if assessed as a whole, there was an opportunity for the accused to commit the forgery, and the action was done dishonestly.
Peter, 51, was jailed for three years and fined RM50,000 after being found guilty of falsifying a letter on contract work for maintenance and services of mechanical and electrical (M&E) system at UMS.
The court allowed a stay of execution of the jail sentence pending the appeal in the High Court against today's decision but ordered the RM50,000 fine to be paid today.
Peter was charged, in his capacity as managing director of Syarikat Asli Jati Sdn Bhd, with forging a letter from the office of UMS deputy vice-chancellor, dated June 9, 2014, by inserting a false statement with the intention of using it for fraudulent purposes.
The offence was allegedly committed at the office of the Prime Minister’s principal private secretary at the Perdana Putra building in Putrajaya, between June 13 and August 21, 2014.
The charge was framed under Section 468 of the Penal Code which provides imprisonment for up to seven years and a fine, upon conviction. — Bernama
