Khir Toyo fails in appeal to overturn
PUTRAJAYA: Former Selangor menteri besar, Dr
Mohamad Khir Toyo, failed in his bid to
overturn his conviction and 12 months'
sentence for acquiring two plots of land to
build a bungalow without adequate
Court of Appeal judges Datuk Seri Abu Samah
Nordin, Datuk Azahar Mohamad and Datuk Aziah
Ali unanimously dismissed Dr Khir's appeal
today after finding the trial judge was
correct in convicting him.
Dr Khir, 47, was found guilty by the Shah
Alam High Court in December 2011, with
obtaining for himself and his wife, Zahrah
Kechik, two plots of land and a house at No
8 & 10, Jalan Suasa 7/1L, from Ditamas Sdn
Bhd through its director Shamsuddin Hayroni
at RM3.5mil, a much lower price than the
RM6.5mil Ditamas had paid for in 2004.
He was charged with obtaining the
properties from Shamsuddin despite knowing
that he had business dealing with as his
capacity as a Selangor menteri besar at that
The former Sungai Panjang assemblyman
allegedly committed the offence at the
Selangor menteri besar's official residence
at Jalan Permata 7/1, Section 7, in Shah
Alam on May 29, 2007.
Under Section 165 of the Penal Code, he was
liable to a maximum jail term of two years
or fine, or both.
Today, Azahar, who took about 90 minutes to
read out the judgment, said the counsel for
the appellant said the judge had erred in
deciding six main issues of the case which
include whether he was a public servant and
whether the RM3.5 million he used to
purchase the property was an adqeuate
"As a menteri besar, he was also the
chairman of PKNS (State Economic Development
Corporation). And in his capacity as the
PKNS chairman, he had official dealings with
Shamsuddin's companies," said Azahar.
"Hence, we are of the view that he was in
fact a public servant." He added that
although the charge had stated he in his
capacity as MB, that error or omission in
the charge did not mislead him and that
there was no miscarriage of justice.
"He also knew he had business dealings with
Shamsuddin, who was a developer in
Azahar said Shamsuddin was not a willing
participant in the deal.
"This is not a case of willing buyer and
willing seller. Shamsuddin instead, had no
choice but to sell the properties at the
price offered by the appellant as he feared
his businesses in Selangor would be
affected," he said.
"The valuation report which stated the
market value of the property at RM3.5
million was only a reference and we agree
with the trial judge that the amount was
inadequate based on the facts surrounding
The court also found that Shamsuddin was
not an accomplice in the case, as argued by
Dr Khir's counsel, and that he was a
In fact, the court found that based on the
evidence, Dr Khir had shown interest on the
properties and had planned to renovate the
house into a Balinese concept much earlier
on, and had started works on it even before
he officially purchased the properties.
"Hence, the trial judge had directed
himself correctly and we do not see any
reason why the decision should be tampered
with," he said.
"We find not appeallable error and uphold
the High Court's decision."
The court then unanimously upheld the High
Court decision and 12 months' jail sentence
and on lower court's decision in allowing
the government to forfeit the property.
He dismissed Dr Khir's appeal but granted
him a stay on the sentence and forfeiture of
property pending an appeal, on the same term
set by the High Court.
The defence team led by Datuk Muhammad
Shafee Abdullah gave an undertaking to file
the appeal by today.
DPPs Mohd Dusuki Mokhtar and Masri Daud
appeared for the respondent.
Friday 31 May 2013