The final appeal of Dr Mohamad Khir Toyo's 12-month jail sentence for corruption has been postponed for the third time after the former Selangor menteri besar was hospitalised yesterday.

Khir's lawyer, Muhammad Shafee Abdullah ( left ), informed the Federal Court this morning that Khir was suffering from severe migraine and was admitted to DEMC Specialist Hospital in Shah Alam last night.

“He was admitted with cervical spondylosis, which is a compression of the vertebra near the neck.

“The pinching onto the nerve is making him have severe migraine, he literally cannot walk,” Shafee said.

As such, Shafee requested to the five-man panel led by Chief Judge of Malaya Zulkefli Ahmad Makinudin for an adjournment.

The four others are Federal Court judges Abdull Hamid Embong, Hasan Lah, Jeffrey Tan Kok Wha and Ramly Ali.

At this, Zulkefli pointed out that this is the second time Shafee was asking for a postponement, adding this would reflect on the five-man panel as the public often blamed the court for delays.

However, Shafee stressed that this was the first time that he is requesting for a postponement due to Khir’s condition.

‘First time Khir is absent’

“This is the first time due to the appellant’s own reasons and if I may say so, the appellant has not been absent before and has always been early to his appointments,” he said.

Deputy public prosecutor Masri Mohd Daud did not oppose the request for adjournment, which was subsequently granted.

In the medical letter that was submitted to the court signed by one Dr Rashidi Saidin, it read: “Dr Mohamad Khir presented to the Emergency Department DEMC Specialist Hospital on Aug 27, 2014 with severe headache associated with neck pain.

“He is diagnosed to have cervical spondylosis and is now admitted for treatment and further investigation.”

The court fixed Nov 6 as the new date for hearing.

Prior to this, Khir’s case, which had been fixed for Feb 6 was postponed due to “unforeseen circumstances” as there was a problem in the judges’ schedule.

Subsequently, the case was set for April 10 but was postponed again after Shafee had to attend a law conference in Japan.

Zulkefli noted that Shafee was engaged in several court cases and cautioned him to ensure that he can present himself at the new date which the latter concurred.

‘Getting cheap property as MB’

Khir was on Dec 10, 2010 charged under Section 165 of the Penal Code, a lesser graft charge compared with charges under the Prevention of Corruption Act 1988 and the latest Malaysian Anti-Corruption Commission Act 2009.

He was convicted by the High Court in Shah Alam on Dec 23, 2011, of corruption by using his position as menteri besar and Selangor State Development Corporation (PKNS) chairperson to obtain land and property at below the market price.

Specifically, Khir was found guilty 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 Ditamas Sdn Bhd director Shamsuddin Hayroni, at RM3.5 million - a lower price than the RM6.5 million Ditamas paid for it in 2004.

Apart from the conviction, the court also ordered the forfeiture of the multi-million ringgit property to the government.

Subsequently, a three-person bench at the Court of Appeal unanimously upheld the conviction and forfeiture of property on May 30, 2013.

A day later, a frustrated Khir ( left ) claimed he was being made a scapegoat and expressed pessimism about his chances to avoid jail, despite filing an appeal to the Federal Court on the same day.

In a rare response , attorney-general Abdul Gani Patail refuted Khir’s allegation, stressing that the case was handled “according to the principles of the law and justice system”.

Khir served as Selangor menteri besar from August 2000 to March 2008.