Latest news with #JusticeAzman
The Sun
an hour ago
- The Sun
Court of Appeal reduces welder's jail term for stepdaughter sexual assault
PUTRAJAYA: The Court of Appeal has reduced a welder's prison sentence from 24 years to 16 years for sexually assaulting his stepdaughter on four separate occasions. A three-member bench led by Justice Datuk Azman Abdullah allowed the 57-year-old man's appeal and reduced each charge's sentence from six years to four years. The court ordered the sentences to run consecutively from the date of his arrest on March 21, 2022. Justice Azman stated that while the gravity of the offences was not in doubt, the Sessions Court's original sentence of 24 years would have a 'crushing effect.' He said the bench accepted the defence counsel's submission that the principle of totality must be applied. In April 2022, the Sessions Court sentenced the man to 24 years' imprisonment after he pleaded guilty to four counts of sexually assaulting his 11-year-old stepdaughter, who is now 15. The offences were committed at a house in Padang Besar, Perlis, on several occasions in July 2021, early and late December 2021, and March 5, 2022. Both the accused and the prosecution filed cross-appeals to the High Court challenging the sentence, but the High Court dismissed them in January last year. Defence counsel Mohamad Zaidan Daud urged the appellate court to consider his client's age, contending that a lengthy custodial term would have a 'crushing effect.' He further requested that the sentences run concurrently, which would have resulted in a six-year term. Zaidan also argued that under Section 14(a) of the Sexual Offences Against Children Act 2017, the maximum penalty is 20 years' imprisonment, and therefore the 24-year sentence imposed by the Sessions Court exceeded the statutory limit. Deputy public prosecutor Iznina Hanim Hashim opposed the request, stressing that the offences were distinct acts committed on different occasions and therefore warranted consecutive sentences. She urged the court to impose a stiffer punishment, describing his acts as repugnant. – Bernama
The Sun
a day ago
- Politics
- The Sun
Peter Anthony to serve three-year sentence after appeal dismissed
PUTRAJAYA: Former Sabah Infrastructure Development Minister Datuk Peter Anthony will begin serving his three-year prison sentence immediately. The Court of Appeal today dismissed his final bid to review his conviction for document falsification. A three-member panel unanimously rejected Peter's application for a review. Justice Datuk Azman Abdullah stated there was no breach of natural justice in the original proceedings. Justice Azman emphasized that Peter had been accorded full rights to be heard during his appeal. The court found no miscarriage of justice regarding a key police report evidence. 'The absence of the police report issue in the broad grounds does not amount to injustice,' Justice Azman declared. He confirmed the matter had been thoroughly addressed in the full judgment. The police report in question was filed by the late Mohd Shukur Mohd Din in 2018. The former UMS deputy vice-chancellor claimed his MACC statement was recorded under pressure. Mohd Shukur alleged the final paragraph of his statement was fabricated to implicate Peter. This report was only discovered after Peter's trial had concluded. Peter's lawyer Mohamed Haniff Khatri Abdulla argued the previous panel failed to properly consider this evidence. He claimed this omission prejudiced his client and resulted in injustice. 'The deliberations in the full judgment amounted to an afterthought,' Haniff contended. He requested the case be remitted to the Sessions Court for retrial. Deputy Public Prosecutor Wan Shaharuddin Wan Ladin countered these arguments effectively. He maintained the police report issue had been extensively argued before the appellate court. Wan Shaharuddin stated no special circumstances justified granting Peter's review application. The prosecution's position ultimately prevailed with the court's ruling. Peter was convicted of falsifying a UMS letter related to a maintenance contract. The offence occurred at the Prime Minister's office between June and August 2014. The Kuala Lumpur Sessions Court originally sentenced him to three years imprisonment and a RM50,000 fine in May 2022. Higher courts subsequently upheld this conviction and sentence. Peter has already paid his RM50,000 fine as required by the original judgment. His imprisonment now proceeds following today's decisive ruling. As Melalap assemblyman, Peter will likely lose his state seat due to this conviction. The Sabah State Assembly has yet to make any formal announcement regarding his status. This case concludes all legal avenues available to challenge his conviction. The judicial process has now reached its final resolution. - Bernama
Barnama
a day ago
- Politics
- Barnama
Peter Anthony To Serve Three-year Sentence After Court Of Appeal Dismisses Review
PUTRAJAYA, Aug 20 (Bernama) — Former Sabah Infrastructure Development Minister Datuk Peter Anthony will serve his three-year prison sentence after failing in his bid to review his conviction and sentence for falsifying documents related to a Universiti Malaysia Sabah (UMS) maintenance and service contract. A Court of Appeal three-member panel here, consisting Justices Datuk Azman Abdullah, Datuk Noorin Badaruddin and Datuk Hayatul Akmal Abdul Aziz, today dismissed Peter's review application. In reading the court's decision, Justice Azman said there was no breach of natural justice as the applicant (Peter) had been accorded the right to be heard at his appeal. He added that the absence of the issue relating to a police report lodged by a witness, the late Mohd Shukur Mohd Din, in the broad grounds of the Court of Appeal did not amount to a miscarriage of justice as the matter had been clearly addressed in the appellate court's full judgment. 'We find that there was no miscarriage of justice as P4A (the police report) was argued extensively,' he said. Justice Azman also said the court's assumption has been supported by the Court of Appeal's full grounds of judgment, where the issue on the police report was thoroughly discussed, adding that it was not the court's duty to rehear evidence and facts that have been decided on. In the police report dated Aug 9, 2018, Mohd Shukur, then UMS deputy vice-chancellor, claimed that his statement recorded by the Malaysian Anti-Corruption Commission (MACC) in Kota Kinabalu on July 20, 2017 was untrue, as he had been placed under pressure. He alleged that the last paragraph of his statement was concocted to implicate Peter. The police report was only discovered by Peter after his trial concluded. In February last year, he applied to the Court of Appeal to adduce new evidence under Section 61 of the Courts of Judicature Act 1964. The court admitted the police report, though Mohd Shukur had since passed away. Peter sought a review of the March 4 decision this year by a different Court of Appeal panel which upheld his conviction, three-year prison term and RM50,000 fine imposed by the Kuala Lumpur Sessions Court in May 2022. The 54-year-old has already paid the fine.
The Star
a day ago
- The Star
Former Sabah minister Peter Anthony's appeal rejected in forgery case, remains in prison
PUTRAJAYA: Former Sabah minister Datuk Peter Anthony has failed at the Court of Appeal in his attempt to overturn his conviction and sentence in his forgery case. A three-judge panel, chaired by Justice Azman Abdullah, unanimously ruled that there was no merit in his application. Peter, 54, had filed the revision application to have another panel of the Court of Appeal revise a decision by an earlier panel from the same court that upheld his conviction and sentence. Justice Azman said the court did not find any miscarriage of justice regarding a police report lodged by the third prosecution witness, Mohd Shukor Mohd Din, now deceased, on Aug 9, 2018. "The absence of this issue in the broad grounds of judgment does not amount to failure of justice because it is clear that it had been fully commented on in the full judgment." "It is tough for us to assume that this issue was not considered just because it was not stated or commented on in the broad grounds by the earlier panel as it was the main issue that was submitted during the appeal," Justice Azman said here on Wednesday (Aug 20). He said it was not the duty of the Court of Appeal to re-hear questions that involve matters that have already been decided upon. "We find there is no breach of natural justice as the applicant was given the right to be heard." "We find no merit to this application. The application is dismissed," he said. Other judges on the panel were Justices Noorin Badaruddin and Hayatul Akmal Aziz. Peter was taken away by prison officers after the proceedings ended. He was represented by lawyers Mohamed Haniff Khatri Abdulla and Datuk Rosal Azimin Ahmad. Deputy Public Prosecutors Datuk Wan Shaharuddin Wan Ladin and Haresh Prakash Somiah appeared for the prosecution. On March 14, Peter filed a notice of motion seeking a review and setting aside of his conviction and sentence handed down by the Court of Appeal on March 4. He also applied to quash the warrant of committal issued to Kajang Prison and sought any consequential orders necessary to ensure justice is served in the matter. On March 4, the Court of Appeal ordered Peter to serve a three-year prison sentence after dismissing his final appeal against the conviction and sentence imposed by the Kuala Lumpur Sessions Court in May 2022. On April 18, 2023, the Kuala Lumpur High Court upheld the conviction and sentence imposed by the Sessions Court. Peter subsequently filed an appeal on April 19, 2023, seeking to set aside the said decision. He has since paid the RM50,000 fine imposed by the court. Peter was charged under Section 468 of the Penal Code, which carries a maximum penalty of seven years' imprisonment and a fine upon conviction. He was accused, in his capacity as managing director of Asli Jati Sdn Bhd, of falsifying a letter from Universiti Malaysia Sabah's office of the deputy vice-chancellor dated June 9, 2014, by inserting false statements with the intent to deceive. 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, 2014.
