SHAH ALAM: Former Selangor menteri besar Dr Mohamad Khir Toyo was sentenced to 12 months’ jail for acquiring two plots of land to build a bungalow without adequate consideration four years ago.
High Court judge Datuk Wira Mohtarudin Baki said he concurred with the prosecution that Dr Khir had committed a heinous crime and demanded that public interest be given priority.
“A clear message must be sent to the public that the court will not condone such act by a person holding public office,” he said in delivering an oral judgment in a packed court room today.
He said the accused had planned to acquire the property.
“It must be emphasised that a jail term is an appropriate sentence, given that the accused was holding the highest political office in the state,” he said.
The judge also allowed an application by the public prosecutor for the government to forfeit the property.
This is the first time such application was made against a public servant convicted for obtaining a valuable property with no or insufficient consideration, an offence under section 165 of the Penal Code .
The public prosecutor relied on section 36 of the Prevention of Corruption Act 1997 to take the property away as Dr Khir committed the offence before the coming of Malaysian Anti Corruption Act in January 2009.
Mohtarudin, however, allowed Dr Khir stay of sentence and proceedings (to forfeit the property) pending appeal to the Court of Appeal.
His RM750,000 bail was extended.
His lead counsel M. Athimulan later told reporters the defence filed a notice of appeal in the Shah Alam High Court yesterday shortly after the judgment was delivered.
Selangor State Assembly Speaker Datuk Teng Chang Khim when contacted said Khir would remain Sungai Panjang assemblyman as he managed to obtain a stay of conviction and sentence.
Under the current constitutional provision an elected representative will be disqualified if he was sentenced to a jail term of not less than one year or to a fine not less than RM2,000.
Mohtarudin, now a Court of Appeal judge, said the defence failed to create a reasonable doubt in the prosecution’s case.
He said the prosecution had proven the elements under the charge - the accused was a public servant and he had purchased the property without consideration.
“He also knew that (Ditamas Sdn Bhd director) Shamsuddin Hayroni had official business dealings with him as a public servant,” he said.
The judge said there was irresistible inference that Dr Khir knew through Shamsuddin that the property was valued at RM6.5 million.
“But he (the accused) offered only RM3.5 million,” he said.
Mohtarudin said Nasir Ismail, a freelance landscape and prosecution witness, was a bankrupt but he did not doubt the credibility of his evidence.
This witness had testified that Dr Khir had approached him to renovate the bungalow with Balinese features and was paid several installments between RM250,000 and RM500,000 in cash.
“Based on his demeanour, he was articulative and consistent in his testimony,” he said, adding that Shamsuddin was not an accomplice although he was initially charged with abetting the accused.
“I accept his evidence because his testimony corroborated the evidence of three other witnesses,” he said.
Shamsuddin had also offered a reasonable explanation why his statement to the Malaysian Anti-Corruption Commission contradicted his evidence in court.
“The defence did not make any application to impeach his credibility,” the judge said.
Dr Khir declined to speak to reporters but was calm throughout the proceedings.
sumber :News straits time
“A clear message must be sent to the public that the court will not condone such act by a person holding public office,” he said in delivering an oral judgment in a packed court room today.
He said the accused had planned to acquire the property.
“It must be emphasised that a jail term is an appropriate sentence, given that the accused was holding the highest political office in the state,” he said.
The judge also allowed an application by the public prosecutor for the government to forfeit the property.
This is the first time such application was made against a public servant convicted for obtaining a valuable property with no or insufficient consideration, an offence under section 165 of the Penal Code .
The public prosecutor relied on section 36 of the Prevention of Corruption Act 1997 to take the property away as Dr Khir committed the offence before the coming of Malaysian Anti Corruption Act in January 2009.
Mohtarudin, however, allowed Dr Khir stay of sentence and proceedings (to forfeit the property) pending appeal to the Court of Appeal.
His RM750,000 bail was extended.
His lead counsel M. Athimulan later told reporters the defence filed a notice of appeal in the Shah Alam High Court yesterday shortly after the judgment was delivered.
Selangor State Assembly Speaker Datuk Teng Chang Khim when contacted said Khir would remain Sungai Panjang assemblyman as he managed to obtain a stay of conviction and sentence.
Under the current constitutional provision an elected representative will be disqualified if he was sentenced to a jail term of not less than one year or to a fine not less than RM2,000.
Mohtarudin, now a Court of Appeal judge, said the defence failed to create a reasonable doubt in the prosecution’s case.
He said the prosecution had proven the elements under the charge - the accused was a public servant and he had purchased the property without consideration.
“He also knew that (Ditamas Sdn Bhd director) Shamsuddin Hayroni had official business dealings with him as a public servant,” he said.
The judge said there was irresistible inference that Dr Khir knew through Shamsuddin that the property was valued at RM6.5 million.
“But he (the accused) offered only RM3.5 million,” he said.
Mohtarudin said Nasir Ismail, a freelance landscape and prosecution witness, was a bankrupt but he did not doubt the credibility of his evidence.
This witness had testified that Dr Khir had approached him to renovate the bungalow with Balinese features and was paid several installments between RM250,000 and RM500,000 in cash.
“Based on his demeanour, he was articulative and consistent in his testimony,” he said, adding that Shamsuddin was not an accomplice although he was initially charged with abetting the accused.
“I accept his evidence because his testimony corroborated the evidence of three other witnesses,” he said.
Shamsuddin had also offered a reasonable explanation why his statement to the Malaysian Anti-Corruption Commission contradicted his evidence in court.
“The defence did not make any application to impeach his credibility,” the judge said.
Dr Khir declined to speak to reporters but was calm throughout the proceedings.
sumber :News straits time
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