Khir's wife to challenge court's move that forfeits bungalow and land from corruption case
Zahrah Kechik, wife of former Selangor mentri besar Dr Mohamad Khir Toyo will challenge the decision of the Federal Court in forfeiting the bungalow and land involved in the corruption case.
Counsel for Dr Khir, Tan Sri Muhammad Shafee Abdullah, said she would contest the decision by putting in a claim for the property.
“The house is subjected to forfeiture but I suspect it will be protracted because his wife owns half the share,” Shafee told reporters after court proceedings here.
With the forfeiture, the land and house now belong to the Federal Government, subject to the charge to the bank.
29 SEPT: Khir Toyo sentenced to 12 months in jail
Former Selangor Menteri Besar Dr Mohamad Khir Toyo will now spend 12 months behind bars for using his then position to purchase two plots of land and a bungalow in Shah Alam below the market price.
The sentence is to be served beginning today.
The Federal Court affirmed the Shah Alam High Court’s decision and rejected his mitigation to offer free dental services to the poor for three days weekly between one and two years as part of community service in default of jail.
Last week, the Federal Court upheld the Shah Alam High Court ruling and found the former Selangor MB guilty of the charges after a five-year long legal battle.
23 SEPT: Former Selangor MB Khir Toyo wants to switch jail sentence with free dental service for the poor
Former Selangor menteri besar Dr Mohd Khir Toyo is prepared to offer community service in the form of providing free dental care to the poor for two years, said his lawyer Muhammad Shafee Abdullah.
The offer was made by Khir to replace being sentenced to jail after he was found guilty of graft under Section 165 of the Penal Code.
“My client is prepared to give a written undertaking offering free dental service to the poor, three days a week for two years,” said Shafee, adding that Khir is a first time offender.
Citing Khir's recent ailing health condition, his six children and him teaching them to read the Holy Quran until khatam(finish), Shafee thinks that Khir should be let off with community service
Shafee also said that his client is 50, and has six children aged six to 24.
He also suffers from a heart problem and had an attack when he was at the National Heart Institute last month.
The lawyer said he had seen Khir tutoring his children and also taught them to read the Holy Quran until khatam (finish).
With this being the first time community service has been suggested to replace jail sentence, Khir pleads for his offer to be considered, providing regretful statements about the graft scandal
In his plea to the Federal Court to consider his offer, Khir mentioned his contributions to the Selangor government when he was the state's chief minister from 2000 till 2008, for two terms
Khir, who also addressed the court, said Selangor had progressed under his eight-year stewardship as MB.
The former MB said he had developed the state to international standards which had been recognised by the International Monetary Fund, where in his eight years as MB he had pulled in annual investments of RM13.8 billion in 2008 alone, compared to RM6 billion in 2000.
“The investments had created between 30,000 to 40,000 new jobs annually,” he said, adding that he resolved the squatter problem issue and helped improve zakat (tithe) collection to RM250 million from RM40 million previously for it to be distributed to the poor.
Khir also said he formed a special fund for the Indian community to address social problems.
The Sultan of Selangor and prime minister apparently didn't object to the land purchase when Khir declared it to them
“I declared (the purchase) to the Tuanku (Sultan of Selangor) and to the prime minister. They never prohibited it,” he said, adding that during his time as MB he had never troubled any developer and whatever decision made was for the betterment of Selangor.malaysiakini.com
At the time of Khir's controversial land purchase, the prime minister in office was Tun Dato' Sri Haji Abdullah bin Haji Ahmad Badawi.
As for the Sultan, Sultan Sharafuddin Idris Shah has been the Sultan of Selangor since 2001.
Khir got in the soup when he purchased two plots of land and a bungalow in Section 7, Shah Alam in 2007 for RM3.5 million which was below the market price of RM6.5 million
Following that, on 23 December 2011, the Shah Alam High Court found Khir guilty for the offense and served him with a 12 months jail sentence for the offense
Ex-Selangor menteri besar Dr Mohd Khir Toyo has been charged with corruption, alongside Ditamas Sdn Bhd director Shamsuddin Haryoni.
Mohd Khir was charged under Section 165 of the Penal Code, with knowingly accepting a bribe, in form of two plots of land in Section 7, Shah Alam, for his mansion (left), at a substantial discount from Shamsuddin.
The land was said to have been sold to Mohd Khir for RM3.5 million, although Shamsuddin had bought it for RM6.5 million.
Khir's appeal against his one year jail term was dismissed by the Court of Appeal on 30 May 2013, postponing his sentence
The Court of Appeal dismissed the appeal filed by former Chief Minister of Selangor, Dr. Mohd Khir Toyo and upheld his conviction in a graft case decided by the High Court two years ago.
The court also approved Dr. Khir’s application to postpone his sentencing, pending his appeal to the Federal Court.
On 22 September, yesterday, the Federal Court upheld Khir's previous conviction under Section 165 of the Penal Code but stated that his sentence will only be decided next Tuesday, 29 September
The Federal Court today upheld the corruption conviction of former Selangor MB Dr Mohd Khir Toyo and would decide on his sentence next Tuesday.
"We dismiss the appeal," said Chief Judge of Malaya Zulkefli Makinudin after Justice Jeffrey Tan Kok Wha read the judgment. The decision was unanimous.
Khir is charged with receiving for himself and his wife Zahrah Kechik two plots of land at No 8 and 10, Jalan Suasa 7/11, Shah Alam valued at RM3.5 million from the director of Ditamas Sdn Bhd Shamsudin Hayroni.
Justice Tan said it was clear the price of RM3.5 million for Khir to purchase two plots of land was inadequate.
Khir's lawyer, Shafee has also requested for the property to not be forfeited as it is co-owned by Khir's wife, Datin Seri Zahrah Kechik. However, Deputy Public Prosecutor Masri Mohd Daud thinks otherwise.
DPP Masri Mohd Daud said forfeiture of the property can be imposed regardless of whether it is under joint ownership or still owed to the bank.
“This is clear under Section 36 of the Anti Corruption Act 1997, which states the court shall make an order on the subject matter of the offence of whatever property including land,” he added.
Dismissing Khir's reasons, Deputy Public Prosecutor Mohd Dusuki Mokhtar thinks that the 12 months jail time is befitting to Khir's corruption offense
“The courts below had applied the established principles of the law to give custodial sentnece for 12 months as it is the correct principle in public interest. Giving a community service sentence would give a wrong signal,” said fellow DPP Mohd Dusuki Mokhtar.
Dusuki said that it was clear from the court's decision in convicting Khir that he had abused his position and hence a deterrent sentence should be imposed to send the right message against corrupt practices.
Khir isn't the only one in trouble over corruption offenses. PM Najib Razak has been embroiled in the RM2.6 billion scandal involving the 1MDB fund and the FBI has opened an investigation on it: