Kota Kinabalu: Parti KDM President Datuk Peter Anthony was freed from five counts of money-laundering involving RM8.75 million and abetting a lawyer in committing Criminal Breach of Trust, Tuesday.
Peter was given a discharge and acquittal by Sessions Court Judge Abu Bakar Manat, on all charges after considering submissions from all parties.
Abu said he considered the submissions from the prosecution and request by the defence counsel.
He further said taking into consideration the provision of Section 254(3) of the Criminal Procedure Code which read as follows “such discharge shall not amount to an acquittal unless the court so directs”, meaning that the court still has the discretion to give the order of discharge and acquittal if the prosecution clearly no longer wish to proceed with the case as what happened in this case.
The court also ordered the bail to be refunded and all the bail conditions withdrawn.
“Thank God…( I will) continue to fight for the people of Sabah, that is the most important.
“The General Election (GE) is also very near,” said the former State Infrastructure Development Minister as he walked out of the courtroom.
During the proceedings, Deputy Public Prosecutor Haresh Prakash Somiah from the Malaysian Anti-Corruption Commission (MACC) informed the court that both representation letters from parties had been received and briefed to the Attorney General.
“The Attorney General agreed to accept the letter and applied for Peter to be given a discharge not amounting to an acquittal from all the charges,” said Haresh.
In reply, Counsel Martin Tommy who represented Peter, together with counsel Khairudin Noordin and Petrene Susanna, applied for his client to be discharged and acquitted from all the charges as the prosecution was no longer interested to proceed with the case and that the involved money amounting RM15 million had been fully paid to Rubber Industry Smallholders Development Authority (Risda).
Peter, who is Parti Kesejahteraan Demokratik Masyarakat President had, on June 11, 2020, claimed trial to all the charges against him.
On the first count, Peter, 50, was accused of involving in money laundering by engaging indirectly in the transaction proceeds of illegal activities and directed Budiman Juta Sdn Bhd Directors namely, Safineh Doto and Ebby Roy Raimon to transfer RM1.75 million from the company’s account to Syarikat Wondrous Enterprise Sdn Bhd.
The incident allegedly took place at Malayan Banking Berhad, Jalan Perpaduan in Kg Air, on July 25, 2014.
On the second count he was allegedly involved in money laundering by receiving RM2 million from an illegal activity from Syarikat Budiman Juta Sdn Bhd in which the money was transferred into a bank account of Syarikat Asli Jati Engineering Sdn Bhd owned by Peter on Aug. 4, 2014 at the same place.
Both cases fell under Section 4(1)(a) of Anti-Money Laundering and Prevention of Terrorism Financing Act 2001 [Act 613] and punishable under Section 4 (1) of the same Act carries a fine of up to RM5 million or a jail term of up to five years, or both.
On the third to fifth counts, Peter was accused of receiving money amounting RM500,000, RM400,000 and RM4.1 million in proceeds from unlawful activities by Syarikat Budiman Juta Sdn Bhd and the money was transferred into the bank account of Syarikat Asli Jati Engineering Sdn Bhd which owned by Peter.
The third to fifth counts allegedly took place on Sept. 5, 2014 and Dec. 7, 2015 while the fifth count between Nov. 20, 2015 and Jan. 18, 2016 at Malayan Banking Berhad, Jalan Perpaduan, in Kg Air, here.
Meanwhile, Peter was also discharged and acquitted from a charge of abetting lawyer Persius Henry Bolutong @ Micheal Persius Ubu, 66, who was an agent of Risda, which entrusted him with a sum of RM15,545,400 that was paid through a cheque, to commit criminal breach of trust.
The cheque was later banked into an account that belonged to Persius’ law firm and the money was for 10 per cent payment from the sale price of the 6,768,688 acres of oil palm plantation in Sungah Pinangah and Sungai Labau in Tongod.
The charge stated that Michael had dishonestly released the property, which violated the contract with Risda, as a result of abetting between Michael and Peter.
The alleged incident took place between July 22, 2014 and November 19, 2015 at Persius’ law firm in Beverly Hills, Penampang.
As for Persius’ representation letter pertaining to his cases, the prosecution said it was rejected and asked for another mention date which the court set Oct. 12 for mention.
Persius, 64, has three charges against him in which he is accused of committing breach of trust and involving in money-laundering pertaining to the 6,768,688 acres land sale to the Risda.
On the first count, Persius in his capacity as an agent of Risda which entrusted him with a sum of RM15,545,400 paid through a cheque which later banked into an account belonged to Persius’ law firm bank account and the money was for 10 per cent payment from the sale price of the 6,768,688 acres of palm oil farm in Sungah Pinangah and Sungai Labau in Tongod.
He allegedly breached the trust given to him by dishonestly releasing the property in which he violated the contract between him and Risda between July 22, 2014 and Nov 19, 2015 at Persius’ law firm in Beverly Hills, Penampang.
On the second count, he is accused of involving in money laundering by receiving money amounting RM1 million proceeds from an unlawful activity of Syarikat Budiman Juta Sdn Bhd on July 25, 2014 at the same place.
On the third count, he allegedly received money RM2.96 million being the proceeds from an unlawful activity by Syarikat Budiman Juta Sdn Bhd between Nov 27, 2015 and May 10, 2016 at the same place.
Counsel Zahir Shah who defended Persius, informed the court that he would appeal against the decision to the High Court.
* Follow us on Instagram and join our Telegram and/or WhatsApp channel(s) for the latest news you don't want to miss.
* Do you have access to the Daily Express e-paper and online exclusive news? Check out subscription plans available.
