ON TRIAL: Dr Mohamad Khir and wife Zahrah walking out of the High Court. — Bernama photo
SHAH ALAM: The High Court here yesterday ordered former Selangor Menteri Besar Dr Mohamad Khir Toyo to enter his defence on the charge of abuse of power pertaining to the ownership of two lots of land including a bungalow at Section 7 here four years ago.
Judge Datuk Wira Mohtaruddin Baki made the decision after being satisfied that the prosecution had succeeded in proving a prima facie case against the accused.
“After listening to the oral evidence, documentaries and referring to points of law and studying the arguments presented by both the prosecution and defence, based on maximum evaluation, the prosecution has succeeded to prove a prima facie case against the accused,” he said in his judgement.
Dr Mohamad Khir is alleged to have obtained for himself and his wife, Datin Seri Zahrah Kechik, a valuable property, namely two lots of land and a house at No. 8 & 10, Jalan Suasa 7/1L here from Ditamas Sdn Bhd (Ditamas) through its director Shamsuddin Hayroni.
The property located at Section 7 was purchased at RM3.5 million although the purchase price by Ditamas on Dec 23, 2004 was RM6.5 million.
The transaction was alleged to have been made when Dr Mohamad Khir knew that Shamsuddin had ties with his official duty as Selangor Menteri Besar then.
Dr Mohamad Khir, who is also state assemblyman for Sungai Panjang, is alleged to have committed the offence at the official residence of the Selangor Menteri Besar at Jalan Permata 7/1, Section 7 here on May 29, 2007.
Dr Mohamad Khir, who was the Menteri Besar from August 2000 until February 2008, is being charged under Section 165 of the Penal Code which provides for a maximum jail term of two years, a fine or both upon conviction.
Shamsuddin was acquitted and discharged from abetting Dr Mohamad Khir with regard to the charge on June 6 and subsequently turned the second prosecution witness in the case.
In his judgement, Mohtaruddin said the prosecution had succeeded in proving the case prima facie on the essence of the charge taking into account three major elements.
He said the elements were that the accused was a public servant at the time of the incident, the accused had purchased a property from Shamsuddin at a purchase price said to be inadequate and the accused knew that Shamsuddin had connections with his official work as a public servant on the day of the incident.
Mohtaruddin said Dr Mohamad Khir had purchased the property from Shamsuddin at an inadequate purchase price.
The judge said he would not hesitate to convict Dr Mohamad Khir if he remained silent.
At the proceedings yesterday, the prosecution was led by Abdul Wahab Mohamad while the defence by M Athimulan.
Twenty-five prosecution witnesses had been called to give evidence at the trial which concluded on June 22.
Mohtaruddin later fixed Sept 26 to 30 for the defence who was expected to present nine witnesses.
Meanwhile, when asked to comment on the judgement yesterday, Dr Mohamad Khir merely said: “I have no comment.” — Bernama