Khir Toyo's conviction upheld, judgement reserved

PUTRAJAYA: The Federal Court today upheld the conviction of former Selangor Mentri Besar Dr Mohamad Khir Toyo (pix) for corruption but reserved judgment on the sentence after he pleaded for leniency.
The five-member panel led by Chief Judge of Malaya Tan Sri Zulkefli Ahmad Makinudin will decide next Tuesday (Sept 29) whether to affirm the 12-month jail sentence meted out by the Shah Alam High Court.
Mohamad Khir was convicted of corruption by wrongfully using his position as MB to acquire two plots of land and a mansion in Shah Alam.
In finding him guilty of the offence, the Federal Court unanimously dismissed his appeal against his conviction by the High Court in December 2011.
Federal Court Judge Tan Sri Jeffrey Tan Kok Hwa, who delivered the unanimous ruling of the panel, said the prosecution had proven its case beyond reasonable doubt.
The court also found no error in the ingredient of the charge that stated he committed the offence while he was the MB.
In mitigation, Mohamad Khir’s counsel Tan Sri Muhammad Shafee Abdullah said that in default of the jail term, his client Mohamad Khir was willing to do community service including providing free dental services for the poor at least three times a week.
“This is the best way of saying sorry for his offence, which is a non-violent crime,” said Muhammad Shafee, who pointed out that the court can opt to avoid giving a jail sentence when it is a first offence.
Zulkefli, however, retorted that although it is a non-violent crime, it could not be so with corruption cases.
“This is an element of corrupt practice,” said Zulkefli.
Reiterating that it was a non-violent crime, Muhammad Shafee then urged the court to consider a fine instead.
He also appealed to the court to allow Mohamad Khir to pay the fine in instalments, if it decides on a hefty one.
“He is an exemplary father, who has personally tutored all his children in their education, despite his busy schedule since he was MB. He also personally tutored all his children the Quran,” Muhammad Shafee told the court.
In pleading for leniency, Mohamad Khir said he had “no intention” to commit the offence but was ignorant of the law at that time.
“I worked hard for 18 hours a day for eight years when I was the MB and successfully developed Selangor, which has received international acknowledgement. I also successfully resolved squatter problems and reduced poverty rate in the state,” he said.
Almost breaking down in tears, Mohamad Khir said his family and him had suffered humiliation since the arrest in 2010, and cried to God every night for committing the offence.
In convicting him, the Shah Alam High Court had also ordered that Mohamad Khir’s property ownership be forfeited and be given to the state government.
The 50-year-old dentist and a former Sungai Panjang assemblyman was found guilty of corruption for purchasing for himself and his wife, Zahrah Kechik, two plots of land and a mansion at No. 8 and 10, Jalan Suasa 7/1L, in Section 7 Shah Alam.
The said land and mansion were purchased from Ditamas Sdn Bhd through one of its directors, Shamsuddin Hayroni.
He had committed the offence at the official residence of the Mentri Besar on May 29, 2007.