PUTRAJAYA: Former Selangor Menteri Besar Dr Mohamad Khir Toyo today lost his final appeal to set aside his conviction for using his position to obtain land and a bungalow in Shah Alam eight years ago.
A five-member panel of the Federal Court chaired by Chief Judge of Malaya Tan Sri Zulkefli Ahmad Makinudin dismissed Dr Mohamad Khir’s appeal and upheld the conviction.
The other judges on the panel were Justices Tan Sri Ahmad Maarop, Tan Sri Hasan Lah, Tan Sri Jeffrey Tan Kok Wha and Datuk Ramly Ali.
The court stood down for half an hour to allow counsel Tan Sri Muhammad Shafee Abdullah to consult Dr Mohamad Khir before making submissions on sentencing.
In a unanimous decision read out by Justice Tan, the court ruled that the charge against Dr Mohamad Khir was not defective.
It said there was no error in the ingredients of the charge stating that Dr Mohamad Khir had committed the offence in his capacity as a public servant (Menteri Besar).
Dr Mohamad Khir, 50, dressed in a grey suit, looked calm when the court handed down the verdict.
The Federal Court was rescheduled today to deliver its verdict after postponing it on Aug 27 because Dr Mohamad Khir was undergoing treatment at the National Heart Institute.
The High Court in Shah Alam had found Dr Mohamad Khir, a dentist by training, guilty of obtaining for himself and his wife Zahrah Kechik, 50, two plots of land and a bungalow in Section 7, Shah Alam, from Ditamas Sdn Bhd through its director Datuk Shamsuddin Hayroni.
Dr Mohamad Khir lost his appeal in the Court of Appeal on May 30, 2013. The former Sungai Panjang assemblyman was accused of committing the offence at the official residence of the Selangor Menteri Besar in Jalan Permata 7/1, Section 7, Shah Alam, on May 29, 2007.
DPP Masri Mohd Daud prosecuted.