Kota Kinabalu: Melalap Assemblyman Datuk Peter Anthony risks losing his state seat if he does not file a petition for pardon by Sept 2, following the Court of Appeal’s decision to uphold his conviction and three-year prison sentence.
Speaker Datuk Seri Panglima Kadzim M. Yahya said the petition must be submitted within the stipulated period, failing which the seat will automatically be declared vacant on Sept 3, 2025.
“If the petition for pardon is not filed within the stipulated timeframe, the Melalap seat will automatically become vacant on Sept 3,” he said.
Kadzim said his office had yet to receive any formal notification from Peter’s lawyers on whether he intends to file an appeal with the Pardons Board.
The Court of Appeal upheld the Sessions Court’s decision, which found Peter guilty and jailed him three years. His application for a review of the judgment, filed on March 4, 2025, was dismissed.
“Under Article 17(1)(e) of the Sabah Constitution, any member of the Assembly who is convicted of an offence and sentenced to at least one year’s imprisonment or fined RM2,000 or more will be disqualified as a member,” Kadzim explained.
He said this provision must be read together with other clauses in the State Constitution.
Specifically, Article 17(3A) which states that disqualification takes effect if no petition for pardon is submitted within 14 days from the date of conviction. The press conference was also attended by Deputy State Assembly Speakers, Datuk Richard Yong and Datuk Al Hambra Tun Juhar.
Speaker Datuk Seri Panglima Kadzim M. Yahya said the petition must be submitted within the stipulated period, failing which the seat will automatically be declared vacant on Sept 3, 2025.
“If the petition for pardon is not filed within the stipulated timeframe, the Melalap seat will automatically become vacant on Sept 3,” he said.
Kadzim said his office had yet to receive any formal notification from Peter’s lawyers on whether he intends to file an appeal with the Pardons Board.
The Court of Appeal upheld the Sessions Court’s decision, which found Peter guilty and jailed him three years. His application for a review of the judgment, filed on March 4, 2025, was dismissed.
“Under Article 17(1)(e) of the Sabah Constitution, any member of the Assembly who is convicted of an offence and sentenced to at least one year’s imprisonment or fined RM2,000 or more will be disqualified as a member,” Kadzim explained.
He said this provision must be read together with other clauses in the State Constitution.
Specifically, Article 17(3A) which states that disqualification takes effect if no petition for pardon is submitted within 14 days from the date of conviction. The press conference was also attended by Deputy State Assembly Speakers, Datuk Richard Yong and Datuk Al Hambra Tun Juhar.