Shah Alam High Court judge Mohtaruddin Baki fixed this Friday to deliver his verdict in the trial of Dr Mohamad Khir Toyo after the defence concluded their submissions today.

Earlier, the defence had submitted that that there was no evidence showing the former menteri besar had given special treatment to Ditamas Sdn Bhd director Shamsuddin Hayroni.

Defence counsel Kamarul Hisham Kamaruddin said that as such, there was no unlawful interference by the accused with any of businessman Shamsuddin's projects.

"If the second prosecution witness (Shamsuddin) is expecting some kind of untoward advantage in the form of a special treatment, that cannot amount to any duress of any kind because that is motivated by greed.

"There must be clear coercion...is there a jot of evidence to even suggest the accused said anything untoward? There's nothing in the past, present or future," he said in his submission at the end of the defence's case today.

NONE Dr Mohamad Khir (with wife) was called to enter his defence on a charge of obtaining for himself and his wife Zahrah Kechik, two lots of land and a house at No 8 & 10, Jalan Suasa 7/1L, from Shamsuddin at RM3.5 million which was a much lower price than the RM6.5 million Ditamas paid for it in 2004.

Dr Mohamad Khir allegedly entered into the transaction with the knowledge that Shamsuddin had dealings with him in his official capacity as Selangor menteri besar at the time.

The Sungai Panjang assemblyman allegedly committed the offence at the Selangor menteri besar's official residence at Jalan Permata 7/1, Section 7, Shah Alam on May 29, 2007.

Asserting that the prosecution’s charge against Dr Mohamad Khir hinged on Shamsuddin's testimony, Kamarul Hisham said the latter had failed to show proof that he had been ordered by the former menteri besar to purchase the bungalow and two plots of land in 2004.

Witness coerced many times by Khir

The lawyer pointed out that Shamsuddin was charged with abetting Dr Mohamad Khir and was later acquitted and discharged by the High Court on June 6 after the charge against him was withdrawn.

He said Shamsuddin had since turned into a witness for the prosecution.

NONE "In this case, Shamsuddin (left) stands a witness, earlier a fellow accused and now a witness for the prosecution by virtue of the charge being withdrawn against him.

"The common law has always viewed the testimony of such a witness with utmost suspicion," he added.

Kamarul Hisham also brought to the attention of the court that Shamsuddin had told the court that he had given three contradictory statements in two recordings to the Malaysian Anti-Corruption Commission (MACC) in 2009 and June 7 this year after being cajoled by Dr Mohamad Khir.

Shamsuddin had said that he was coerced many times by Dr Mohamad Khir not to involve himself after he (Shamsuddin) was called up by the MACC to give his statement.

"The second prosecution witness (Shamsuddin) had given contradictory statements to MACC and one of the discrepancies contained in the statement given in 2009 is he did not mention to MACC that he had no option but to purchase the property on behalf of the accused.

"But he changed his testimony now in court alleging that he had purchased the property under compulsion," he said.

Deputy public prosecutor Abdul Wahab Mohamed prosecuted.

- Bernama