KUALA LUMPUR: Datuk Peter Anthony's application for a stay of his conviction for corruption has no merit and was not in accordance with the law, the High Court heard.
Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladin said the Sessions Court had completed its 'facts officio' (judicial function) by convicting Anthony.
"The court already convicted and sentenced Anthony after he was found guilty of using false documents relating to a system maintenance contract nine years ago.
"The court cannot allow the application under Section 278 of the Criminal Procedure Code as it involves the judicial act of the judge," he said.
He said the accused's right in this case at the Sessions Court had ended as the judge already made his final decision.
"The applicant should apply this (stay of conviction) at the High Court level.
"The prosecution already asked the defence whether they wanted to file a stay only for sentence and conviction when the ruling was made.
"This application can be deemed as abuse of court process," he said, adding that the court already granted a stay of sentencing.
Anthony, 51, was sentenced to three years' jail and RM50,000 fine on May 25 after he was found guilty of using false documents relating to a system maintenance contract nine years ago.
He was granted a stay of sentence pending his appeal to the High Court, and he paid the fine the same day.
Meanwhile, Anthony's conusel S. Devanandan in his submissions said his client's application was made similar to Datuk Seri Najib Razak's appeal for his conviction in SRC International Sdn Bhd corruption case.
He said the application was made to ensure Anthony can contest in the next general election.
Judge Azura Alwi fixed Aug 1 to deliver her decision.