Former Selangor MB Mohd Khir Toyo’s appeal proceedings against his graft conviction has been postponed till Dec 7.

"It has been vacated," said Mohd Khir's defence council A Athimulan when met at the Palace of Justice in Putrajaya this morning.

khir toyo mansion 060709 08 He said the case will be heard again before the Court of Appeal on Dec 7 for "further arguments".

Mohd Khir is appealing a Shah Alam High Court conviction last December for misusing his influence and position as a civil servant to obtain valuable property at a price below market value.

He received a jail sentence and his property was ordered to be confiscated. His jail term however is suspended pending the appeal.

The Court of Appeal last heard the case on Aug 2 before it was postponed with a decision to be heard on Sept 28, though the date was pushed back to today and now delayed again for further arguments.

During the submissions from both sides, the Court of Appeal panel led by Justice Abu Samah Nordin had lambasted MACC prosecutors for nearly three hours on perceived problems with the wording of their charge against Mohd Khir.

The team led by federal prosecutor Abdul Wahab Mohamed, was asked why the charge named him as Selangor MB and mentioned the offence in his duty as menteri besar, when the facts of the case point toward his duties as Selangor State Development Corporation (PKNS) chairperson being the activity in question.

Abdul Wahab, however, stood firm in his argument that official duties as MB include his role as chairperson of various state bodies like PKNS.

Mohd Khir’s lead counsel Shafee Abdullah also contended that the case never attained prima facie as the former MB was never a public servant, as was argued in the charge.

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