Court finds Khir Toyo guilty of corruption

After a trial lasting more than a year, the Shah Alam High Court today found former Selangor menteri besar Dr Mohd Khir Toyo guilty of graft.

Justice Mohtaruddin Baki said the prosecution has managed to prove the case against the 46-year-old Sungai Panjang assemblyperson beyond reasonable doubt.

While the prosecution applied for the multi-million-ringgit property in question to be forfeited, the defence appealed to the judge for Khir to be bound over on good behaviour.

Khir is charged under section 165 of the Penal Code, which is the lesser graft charge, compared to charges under the Prevention of Corruption Act and the new Malaysian Anti-Corruption Commission Act.

Khir is staring at the possibility of a two-year jail term or a fine or both.

If the fine is in excess of RM2,000, Khir may lose his eligibility to be an assemblyperson and banned from contesting in the coming elections.

Pleading in mitigation counsel M Athimulan told the court that Khir is a first offender and married with six children.

"The charge and conviction is unique as the valuer had evaluated the property at RM3.5 million as it is an uncompleted property," he said.

He also submitted that section 165 is a compoundable offence and the court has wide jurisdiction to allow to  impose a fine.

"If this case is tried at the magistrate court the maximum could be RM10,000.

"We argue under the concept of Equality under Article 8 of the Federal Constitution to impose the fine of RM10,000 and not more than this although this is brought before the High Court," he said.

Athimulan pleaded for Khir to be bound over, pointing out that the court has the power under section 173a of the Criminal Procedure Code to release the accused.

Kamarul Hisham asked Justice Mohtaruddin to tamper justice with mercy as Khir was the state's chief executive and by convicting him the court had already punished him.

DPP Mohd Masri Daud on his part, argued  that although the accused is charged under section 165 the court should send a strong message that as a public servant one should not seek favours.

"It is clear that the accused was interested in the property in 2004 and asked Shamsudin to buy it and later bought it for himself."

"As the menteri besar and chairperson of the Selangor Development Corporation, he should have set an example and not use his contacts and acquiantances to benefit himself," he said.

Mohd Masri also delivered a shocker when he applied to the court under section 41 of the MACC Act for the mansion to be forfeited.

"In any offence of graft of such a nature, the court has the discretion to grant forfeiture of the property," he said.

Athimulan said the defence is taken aback by the prosecution's application as it had given no indication of doing so.

He then asked that the court to  fix another date to determine the prosecution application on the  forfeiture of the property.

The court has taken a break before delivering sentence.

Also present in court was his wife Zaharah Kechik and about 40 of his supporters, some seated and others standing in the packed courtroom.

Khir was represented by a team of lawyers led by Jahaberdeen Yunoos, M Athimulan and Kamarul Hisham Kamaruddin.

DPP Abdul Wahab Mohamed represented the prosecution.

Khir arrived in court as early as 9.15am, with scores of his supporters in tow.

Second Selangor MB charged with corruption

Khir was charged on Dec 4 last year, with corruption for obtaining for himself and his wife Zahrah Kechik, two lots of land and a house at No 8 & 10, Jalan Suasa 7/1L, from Ditamas Sdn Bhd director Shamsuddin Hayroni, at RM3.5 million - a lower price than the RM6.5 million Ditamas paid for it in 2004.

The former Selangor MB allegedly entered into the transaction with the knowledge that Shamsuddin had dealings with him in his official capacity as the state’s chief executive at that time.

The Sungai Panjang assemblyperson allegedly committed the offence at the Selangor menteri besar’s official residence at Jalan Permata 7/1, Section 7, Shah Alam on May 29, 2007.

He is the second Selangor menteri besar to be charged with graft after the late Haron Idris, who spend three years in prison in 1977.

Khir in one of his blog postings this year alleged that three federal ministers hadwanted him jailedfor graft following the charge.

Without naming the ministers, Khir claimed one of them was said to have told  the two others that to get back Selangor, he (Khir) must be charged.

“Are they powerful enough to control a judge? I don’t believe they can direct a judge nor will a judge listen to this group,” wrote Khir in the blog, resulting in spiralling speculation on the identity of the three.

Twenty-five prosecution witnesses and five defence witnesses, including Khir, testified at the trial.