Federal Court upholds Khir Toyo's one year jail term

PUTRAJAYA: Former Selangor Mentri Besar Dr Mohamad Khir Toyo (pix) goes to jail for one year for corruption and loses ownership of his property after the Federal Court upheld the High Court's judgement.
The five-membered panel, led by Chief Judge of Malaya Tan Sri Zulkefli Ahmad Makinudin, in delivering the judgement, rejected Mohamad Khir's pledge to do community service in place for the jail term.
"Corruption in all manner and form cannot be condoned. A fine would not send that message. Neither would community service," he said.
Zulkefli added that community service is an option only in cases of youthful offenders and does not apply to Mohamad Khir's case.
"The instant offence, which is destructive of public confidence in the government, was not trivial. Imprisonment was the right and proper punishment.
"A year's imprisonment, which was not appealed against by the learned Deputy Public Prosecutor, was hardly excessive," he said.
Unanimously dismissing the appeal against the sentence, the panel therefore affirmed the sentence of one-year imprisonment meted out by the Shah Alam High Court in 2011.
Zulkefli said a court has the discretion to be lenient and merciful provided there are extenuating circumstances and it is in public interest to do so.
"But in the final analysis, a sentence must reflect the seriousness or triviality of the offence," he said.
The panel stressed that as a public servant and chief executive of the State, Mohamad Khir has purchased the land for an inadequate value.
"The Appellant took advantage of his official position. One purpose of Section 165 of the Penal Code is to prevent that sort of corruption," Zulkefli said.
The panel also said the forfeiture of his land was in accordance with the law, which mandated forfeiture upon Mohamad Khir's conviction.
"The said land was not arbitrarily forfeited. It was a lawful deprivation. There was no breach of Article 13(1) of the Federal Constitution.
"The Appellant and wife are the registered proprietors. Therefore he and his wife are the owners. Any inquiry on the ownership of the said land would only be an idle exercise," Zulkefli said, adding the panel unanimously upheld the order of forfeiture of the said land but subject to the charge, if any.
Throughout the time, Mohamad Khir was calm and composed in the dock.
Mohamad Khir was convicted for corruption in relation to wrongfully using his position as MB to acquire two plots of land and a mansion in Shah Alam.
Last week the Federal Court said that the prosecution has proven the case beyond reasonable doubt.
The 50-year-old dentist and former Sg Panjang assemblyman was charged at the Shah Alam Sessions Court in December 2010, with 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 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 Selangor MB on May 29, 2007.
His lawyer, Tan Sri Muhammad Shafee Abdullah, told reporters outside that the team was shocked with the panel's finding but is extremely confident in the court's law.
Earlier in court, Muhammad Shafee highlighted to the panel that theSun had published two articles in an "attempt to prejudice the accuse".
"None of the articles influenced us. We decided based on evidence and facts. We are not swayed by the negative report," Zulkefli said in reply.
Muhammad Shafee later told reporters that Mohamad Khir has instructed him to file for contempt against theSun for both the articles published on Sept 25 and 28.