PUTRAJAYA, Sept 22 – Former Selangor mentri besar Dr Mohamad Khir Toyo lost his final appeal against a corruption conviction today, but it is unknown for now if the Federal Court will maintain the one-year jail term handed down previously by a lower court.
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 Federal Court judge said when reading out a summary of a five-man panel’s unanimous decision.
Tan said that all four ingredients of Section 165 of the Penal Code had been fulfilled in Mohamad Khir’s case, including the commission of offence as a public servant.
“A chief minister is a ‘public servant’, if there is any need for a reminder.
“The appellant remained a ‘public servant’ even when he wore the hat of chairman of PKNS (Selangor State Development Corporation), for the appellant ceased not as a ‘public servant’ just because he wore a different hat or hats,” Tan said.
Mohamad Khir had also “accepted a valuable thing” for him and his wife through the land transfer by paying a sum which he knew to be “inadequate”, the judge added.
Among the facts of the case highlighted by Tan, Mohamad Khir was said to have been offered in 2004 a RM7 million opening price for land that he was interested in, with the subsequent owner of the land then asking for a reduced payment of between RM5 to RM5.5 million in 2007 from Mohamad Khir.
But this second owner later sold the land at RM3.5 million to Mohamad Khir, despite this seller having paid RM6.5 million to purchase it and was not shown as facing financial difficulties then.
Tan said that it appeared that the second owner was not a willing seller, citing the latter’s testimony in court that he had no option but to sell out of fear that his business with PKNS would otherwise be adversely affected.
Chief Judge of Malaya Tan Sri Zulkefli Ahmad Makinudin, who chaired the panel, told defence lawyer Tan Sri Muhammad Shafee Abdullah to present in 30 minutes’ time his arguments to mitigate his client’s sentence.
The other judges on the panel are Tan Sri Ahmad Haji Maarop, Tan Sri Hasan Lah and Datuk Ramly Haji Ali.
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.