Mahkamah Persekutuan mengekalkan hukuman 12 bulan penjara terhadap bekas Menteri Besar Selangor, Dr Mohamad Khir Toyo yang didapati bersalah kerana rasuah. Hakim Besar Malaya, Tan Sri Zulkefli Ahmad Makinudin yang mempengerusikan panel lima hakim memutuskan hukuman penjara adalah bersesuaian dalam kes berkenaan. Malah panel hakim turut menolak permohonan supaya meringankan bentuk hukuman kepada khidmat masyarakat dan menyifatkan ia adalah tidak memadai. Beliau yang kelihatan tenang ketika hukuman dibacakan, diarahkan menjalani hukuman penjara di Penjara Kajang. Dr Mohamad Khir akan menjalani hukuman di Penjara Kajang selepas Pada 22 September lalu, panel lima hakim Mahkamah Persekutuan mengekalkan sabitan terhadap Dr Mohamad Khir berdasarkan beberapa alasan termasuk pertuduhan tidak mempunyai sebarang kecacatan dan beliau adalah menteri besar merupakan seorang penjawat awam ketika kesalahan dilakukan.
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UTRAJAYA, Sept 29 — With her husband Dr Mohamad Khir Toyo sent to jail for a year, the wife of the former Selangor mentri besar may now fight for her share of the land that the Federal Court has ordered seized, lawyer Tan Sri Muhammad Shafee Abdullah said.
Shafee, who was the lead counsel representing Mohamad Khir, also said that the multi-million land is still under a charge to the bank.
“It is subject to forfeiture, how fast is the forfeiture, I am not certain, I suppose it is going to be protracted because the bank is on the other hand there and the wife owns half of the share,” he told reporters here after the Federal Court decided to uphold the one-year jail term and property seizure in his client’s corruption case.
“And there is also a possibility of the wife putting in a claim over the house to challenge this decision, so it will be a collateral proceeding.
“In short, today is not the end of this case,” he added.
Earlier today, a five-man panel at the Federal Court unanimously upheld the one-year jail term previously meted out to Dr Mohamad Khir Toyo, also maintaining the forfeiture of the land that he had underpaid for back in 2007.
Last Tuesday, the Federal Court panel ruled that the offence was proven beyond reasonable doubt when it unanimously upheld Mohamad Khir’s previous conviction under Section 165 of the Penal Code, which comes with a maximum two-year jail term or fine or both.
On December 23, 2011, the Shah Alam High Court convicted Mohamad Khir of corruptly using his position as then Selangor MB and Selangor State Development Corporation (PKNS) chairman to obtain land and property below the market price in 2007.
He was given a 12-month jail sentence after being found guilty of obtaining two plots of land and a bungalow in Section 7, Shah Alam for himself and his wife Zahrah Kechik, from Ditamas Sdn Bhd through its director Datuk Shamsuddin Hayroni with the inadequate payment of RM3.5 million in 2007.
He was charged with knowingly obtaining a valuable thing as a public servant without paying adequate consideration for the property that Ditamas had itself purchased at RM6.5 million in December 2004, and doing so with the knowledge that Shamsuddin had official dealings with him.
On May 30, 2013, Mohamad Khir lost his appeal at the Court of Appeal against his conviction and one-year jail term.
PUTRAJAYA, Sept 29 — Former Selangor Mentri Besar Dr Mohamad Khir Toyo may consider filing a petition for royal pardon as one way to escape the Federal Court’s decision today to uphold his one-year jail term for corruption, lawyer Tan Sri Muhammad Shafee Abdullah said.
Shafee also told reporters after sentencing today that with the imprisonment, Khir Toyo stands to lose his pension.
“Pardon is an option, but before we take the option, we are considering another option. There is another serious option, but we need to see the written judgment,” he said after the Federal Court delivered its decision.
Shafee also confirmed that an application to seek for a review of the Federal Court’s decision would be another available option, but declined to disclose Mohamad Khir’s legal team’s next move until they view the written judgment, which has yet to be released.
With today’s sentencing decision, Shafee confirmed that his client will be sent to jail directly as there is no avenue for stay of the final decision, although the actual time spent physically in jail would be around nine months due to remission.
Earlier today, the Federal Court upheld the one-year jail term previously meted out to Dr Mohamad Khir by a lower court, also maintaining the forfeiture of the land that he had underpaid for back in 2007.
Last Tuesday, the Federal Court panel ruled that the offence was proven beyond reasonable doubt when it unanimously upheld Mohamad Khir’s previous conviction under Section 165 of the Penal Code, which comes with a maximum two-year jail term or fine or both.
On December 23, 2011, the Shah Alam High Court convicted Mohamad Khir of corruptly using his position as then Selangor MB and Selangor State Development Corporation (PKNS) chairman to obtain land and property below the market price in 2007.
Tan Sri Muhammad Shafee Abdullah (right) arrives at the Federal Court in Putrajaya, September 29, 2015. — Picture by Yusof Mat Isa
He was given a 12-month jail sentence after being found guilty of obtaining two plots of land and a bungalow in Section 7, Shah Alam for himself and his wife Zahrah Kechik, from Ditamas Sdn Bhd through its director Datuk Shamsuddin Hayroni with the inadequate payment of RM3.5 million in 2007.
He was charged with knowingly obtaining a valuable thing as a public servant without paying adequate consideration for the property that Ditamas had itself purchased at RM6.5 million in December 2004, and doing so with the knowledge that Shamsuddin had official dealings with him.
On May 30, 2013, Mohamad Khir lost his appeal at the Court of Appeal against his conviction and one-year jail term.
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