PUTRAJAYA: The Federal Court today upheld the 12-month jail sentence on former Selangor Menteri Besar Dr Mohamad Khir Toyo for abusing his position eight years ago.
A five-member panel chaired by Chief Judge of Malaya Tan Sri Zulkefli Ahmad Makinudin said the jail sentence was appropriate.
The judge said the community service in lieu of jail which had been proposed by counsel Tan Sri Muhammad Shafee Abdullah was inadequate and appropriate only for juvenile offenders and light offences.
Other judges on the panel were Justice Tan Sri Ahmad Maarop, Tan Sri Hasan Lah, Tan Sri Jeffrey Tan Kok Wha and Datuk Ramly Ali.
Dr Mohamad Khir, 50, a dentist, was ordered to serve his time at the Kajang prison.
On Sept 22, the panel dismissed his final appeal and upheld his conviction on a charge of obtaining for himself and his wife Zahrah Kechik, two plots of land and a bungalow in Section 7, Shah Alam, from Ditamas Sdn Bhd through its director Datuk Shamsuddin Hayroni.
The properties were bought at RM3.5 million, in contrast to the price of RM6.5 million paid for it by Ditamas.
The former Sungai Panjang assemblyman was found guilty by the Shah Alam High Court of committing the offence at the Selangor Menteri Besar’s official residence in Jalan Permata 7/1, Section 7, Shah Alam, on May 29, 2007.
He resorted to the Federal Court after losing his appeal in the Court of Appeal on May 30, 2013.
Dr Mohamad Khir, who was the Menteri Besar from August 2000 until February 2008, was charged under Section 165 of the Penal Code which carries a maximum jail term of two years or a fine or both, on conviction.
Meanwhile, the federal court also affirmed the high court’s order that the properties involved be forfeited, subject to bank charges.
Dr Mohamad Khir, whose family members including his wife were present in the public and media-packed court to offer support, was represented by counsel Tan Sri Muhammad Shafee Abdullah.
The prosecution was represented by deputy public prosecutor Idham Abdul Ghani. -Bernama