‎The Federal Court will deliver its decision on former Selangor menteri besar Dr Mohd Khir Toyo on Sept 22.

This follows the apex court allowing the request for postponement sought by counsel Muhammad Shafee Abdullah for Khir who is warded at the National Heart Institute.

Chief Judge of Malaya Zulkefli Ahmad Makinudin allowed the postponement despite the court being prepared to deliver its judgment with or without the presence of Khir.

Shafee ( photo ) said he was concerned that if the decision did not go their way, Khir's right to be heard in mitigation (plea before sentencing) would be taken away.

The senior lawyer cited Section 314 of the Criminal Procedure Code under the heading of non-appearance of respondent where the court can decline to make an order on an appeal matter adverse to or prejudice to the respondent.

DPP Mohd Masri Daud objected saying the decision could be made as in the Altantuya Shaariibuu murder case precedent, as second accused Sirul Azhar Umar was not present.

Shafee however contrasted that case with Khir's case where Khir is now warded following a heart ailment.

The other Federal Court judges are Ahmad Ma'arop, Hasan Lah, Jeffrey Tan Kok Wha and Ramly Ali.

Khir was warded yesterday following what was suspected to be a heart attack.

Shafee said Khir would undergo an angiogram procedure ‎at IJN at about 5pm today following his client's irregular heartbeat.

“Following the procedure, the patient would know the next step on what to do.

"Khir is expected to be warded for several days at IJN and we do not know how long he will be there," he told the court earlier.

Graft related to Balinese mansion

It was reported yesterday that Khir, a qualified dentist, collapsed after his morning jog where it was reported that he was brought to the Selayang hospital first and then referred to the IJN.

The former Sungai Panjang assemblyperson was charged with obtaining two lots of land and a house at No 8 & 10, Jalan Suasa 7/1L for himself and his wife Zahrah Kechik ( photo ), from Ditamas Sdn Bhd director Shamsuddin Hayroni, at RM3.5 million - a price much lower than the RM6.5 million Ditamas paid for it in 2004.

He was sentenced to 12 months’ jail by the Shah Alam High Court on Dec 23, 2011, for graft by a public officer, related to his Balinese mansion in Shah Alam. The court also ordered the confiscation of the said property.

The three-member bench at the Court of Appeal also upheld the jail sentence and the forfeiture of the said property. The decision was made by Justices Abu Samah Nordin, Azahar Mohamed and Aziah Ali.

Justices Abu Samah and Azahar are now Federal Court judges.

In fixing the date for the postponement, Justice Zulkefli initially wanted to give only two weeks for the verdict to be delivered with or without Shafee, as there are many lawyers besides him representing Khir.

Shafee said he was only concerned that he may be out of the country and then informed the court of his free dates from Sept 21 onwards.

Justice Zulkefli then decided to deliver the verdict in the afternoon on Sept 22, after Justice Ramly told the bench that he was occupied on Sept 21.