EX-Selangor MB to appeal 12-month jail sentence in land and bungalow case

 

SHAH ALAM: Former Selangor Menteri Besar Dr Mohd Khir Toyo was found guilty by the High Court here of knowingly purchasing two pieces of land and a bungalow at a much lower price than its original value from Ditamas Sdn Bhd director Shamsuddin Hayroni in 2007.

He was sentenced to a year's jail from the date of sentencing and Justice Mohtarudin Baki (now a Court of Appeal judge) ordered his land and bungalow, located at Section 7 here, be forfeited.

However, the court granted a stay of execution pending appeal.
The land and bungalow were bought at RM3.5mil although Ditamas had acquired them for RM6.5mil on Dec 23, 2004.

Dr Khir, who is Sungai Panjang assemblyman, was calm and did not react when the sentence was passed.
Justice Mohtarudin said the accused had schemed to acquire the bungalow and abused his position as the highest executive in the state.

He said a fine was “unsuitable” and jail time must be imposed to show that the court was serious in handling cases involving civil servants.
Dr Khir told reporters he would fight to clear his name at the Court of Appeal.

On his political plans, the dentist said he would comment after Jan 9, an apparent reference to Datuk Seri Anwar Ibrahim's sodomy case - the court is slated to pass judgment on that day.
Justice Mohtarudin said the defence had failed to raise a reasonable doubt in the case.

The court found Shamsuddin, a key witness in proving the case against Dr Khir, not to be an accomplice of the accused.
(Shamsuddin was initially charged with abetting Dr Khir but later had his charge withdrawn on June 6. He became a witness for the prosecution.)

“From his (Shamsuddin's) testimony, it is clear that he thought he would get his money back. Alternatively, even if the witness was an accomplice, I have observed his demeanour. I have no reason to reject his testimony,” said the judge.

Justice Mohtarudin said Shamsuddin had given a reasonable explanation on why he gave two contradicting statements to the Malaysian Anti-Corruption Commission (MACC).
“Shamsuddin said the accused had assured him that nothing would happen when they were investigated by the MACC.

“However, when Shamsuddin was charged, he lost his confidence in the accused. When he was asked by the MACC to become a prosecution witness, he agreed,” said the judge, adding that the defence had never impeached the witness despite attacking his credibility.
The court room was packed with reporters and some 50 supporters of Dr Khir, who waited from early morning to hear the decision at the end of the defence case that saw 25 prosecution and five defence witnesses testify.

Dr Khir was charged on Dec 6 last year and ordered to enter his defence on Aug 8.
He took the stand on Aug 26 and denied ordering Shamsuddin to sell him the pieces of property at a low price.

 Source : http://thestar.com.my/news/story.asp?file=/2011/12/24/nation/10157115&sec=nation