PUTRAJAYA: Former Selangor Mentri Besar Dr Mohamad Khir Toyo has failed to set aside his conviction for using his position to obtain two plots of land and a bungalow unit in Shah Alam.
Chief Judge of Malaya Justice Zulkefli Ahmad Makinudin, who chaired the five-man panel, made the order after dismissing Dr Khir's final appeal on Tuesday.
The decision was unanimous on the grounds that the charge against Dr Khir was not defective, and there was no error in the ingredient of the charge that stated Dr Khir committed the offence while he was a mentri besar.
The Federal Court reserved sentencing for Tuesday.
Dr Khir was charged with obtaining for himself and his wife, Zahrah Kechik, 50, two lots of land and a bungalow at No 8&10, Jalan Suasa 7/1L through Ditamas Sdn Bhd director Shamsuddin Hayroni.
The properties were bought at RM3.5mil, in contrast to the price of RM6.5mil paid for it by Ditamas on Dec 23, 2004.
He committed the offence with the knowledge that Shamsuddin had dealings with him in his official capacity as Selangor Menteri Besar at the time.
On May 30, last year, the Court of Appeal rejected Dr Khir's appeal against his conviction.
The panel unanimously upheld the High Court's findings, ruling the trial judge did not make any appealable error in deciding to reject Dr Khir's defence and convict him.
The Court of Appeal also upheld the court order for Dr Khir to forfeit the ownership on the property obtained and hand it over to the government.
Former Selangor menteri besar Dr Mohamad Khir Toyo arriving at the Federal Court Putrajaya, Sept. 22, 2015.PPUTRAJAYA, Sept 22 — Former Selangor mentri besar Dr Mohamad Khir Toyo pleaded with the Federal Court today to consider his role as the sole breadwinner of his young family before sentencing him in his corruption conviction.
Speaking from the dock, the 50-year-old told the court that he has had to bear the shame of being charged over the past five years, and that he would have to find a new career to rebuild his family’s name after the ordeal.
“I ask Yang Arif to consider because my children are still young and I am a role model to them… my wife doesn’t work,” said the licensed dentist and father of six.
His lead counsel Tan Sri Muhammad Shafee Abdullah had earlier told the court that his client’s older children are aged 24, 16, 11 and that the latter also has twins aged 9 and another offspring that turns six tomorrow.
Shafee had earlier also described Mohamad Khir as an “exemplary father” who personally tutored all six of his children in their school work in spite of his busy schedule as mentri besar.
He said his client had also personally coached his children in reading the Islamic holy book, the Quran.
Continuing his plea, Mohamad Khir also said: “When I look at my mother, I cry because I feel I have wronged my family, although I did it without any intention, without any intention at all.”
The Umno man also recounted his contributions to Selangor during his tenure as Selangor mentri besar and insisted that no public funds were lost or involved in this case.
“There was no public fund in this case. The state of Selangor did not suffer any losses,” he said.
He said he had dedicated long hours daily while serving as mentri besar for eight years, and listed as his achievements the creation of 30,000 to 40,000 annual job opportunities, the resolution of squatter issues and how he had raised zakat collection from an initial RM40 million to RM250 million in 2008.
In the same plea, he insisted that he had no intention to commit the offence and that he had no knowledge of the law as he was a dentist.
He also said that only “Allah” knows the truth and what justice is.
He did not speak to reporters after walking out of the packed courtroom.
He will only know his fate next Tuesday afternoon, however, when the Federal Court panel returns with a decision on his sentencing.
The offence of Section 165 of the Penal Code comes with a maximum two-year jail term or fine or both.
Mohamad Khir lost his final appeal earlier today against a corruption conviction, but it is unknown for now if the Federal Court will maintain the one-year jail term handed down previously by a lower court.
Earlier during the hearing, Federal Court judge Tan Sri Jeffrey Tan Kok Wha said that Mohamad Khir had taken full value of land and a house that was worth at least RM5 million, and that his payment of RM3.5 million was inadequate.
“It remained that the offence as charged was proven beyond reasonable doubt,” the judge said when reading out a summary of a five-man panel’s unanimous decision.
On December 23, 2011, Mohamad Khir was convicted by the Shah Alam High Court of corruptly using his position as then Selangor Mentri Besar and Selangor State Development Corporation (PKNS) chairperson to obtain land and property below the market price in 2007.
He was given a 12 months’ jail sentence after being found guilty of obtaining two plots of land and a bungalow in Section 7, Shah Alam for himself and his wife Zahrah Kechik, from Ditamas Sdn Bhd through its director Datuk Shamsuddin Hayroni.
On May 30, 2013, Dr Mohamad Khir lost his appeal at the Court of Appeal against his conviction and one-year jail term.
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