THE Sabah Legislative Assembly is reviewing whether Melalap representative Datuk Peter Anthony managed to file a court appeal on time to avoid losing his seat.
Sabah speaker Datuk Seri Kadzim Yahya said the Assembly was informed via a letter that Anthony’s legal team had submitted a final challenge against his conviction.
But the key question is when.
“We have asked his lawyers for a formal notification.
“If the filing was made after March 18, he has missed the 14-day limit.”
“If it was done on or before March 18, then he is still within the period,” Kadzim said during a breaking of fast event with Prime Minister Datuk Seri Anwar Ibrahim in Tuaran.
He added that no decision could be made until the date is verified.
“If it was submitted within the limit, a decision will follow. If not, the seat is automatically vacated,” he said.
Anthony’s seat was expected to be vacated after he was sentenced to three years’ jail and fined RM50,000 on March 4 for falsifying a document linked to a contract at Universiti Malaysia Sabah (UMS).
Under Article 17(1)(e) of the Sabah Constitution, any assemblyman sentenced to at least one year in jail or fined RM2,000 or more is disqualified—unless they exhaust all legal options within 14 days.
Kadzim said the public had a right to know but urged compassion.
“There is no need to be harsh. He is already in a difficult situation. This is their final application, and we will wait.”
According to reports, Anthony’s legal firm, Messrs Kow, Lau & Ezra, filed a notice of motion at the Court of Appeal on March 14—four days before the deadline.
The notice names the public prosecutor as the respondent and seeks to reverse the conviction and cancel the warrant for Anthony’s detention at Kajang Prison.
Case management is set for March 26 before a deputy registrar at the Court of Appeal.
The March 4 sentencing came after Anthony’s final appeal was dismissed by the Court of Appeal, which upheld the Sessions Court’s 2022 verdict and sentence.
He had previously lost an appeal at the High Court in April 2023.
Anthony, who once served as Sabah’s Infrastructure Development Minister, was convicted of forging a letter dated June 9, 2014, from the UMS Deputy Vice-Chancellor’s office.
He inserted false statements into the document with intent to deceive, allegedly committing the offence at the Prime Minister’s chief private secretary’s office in Putrajaya between June 13 and August 21 that year.
He has since paid the RM50,000 fine.
If the seat is vacated, no by-election will be held as the Assembly’s current term expires in October. – March 22, 2025
