The Federal Court today upheld the corruption conviction of former Selangor menteri besar Dr Mohd Khir Toyo and would decide on his sentence next Tuesday.

"We dismiss the appeal," said Chief Judge of Malaya Zulkefli Makinudin after Justice Jeffrey Tan Kok Wha read the judgment. The decision was unanimous.

Khir is charged with receiving for himself and his wife Zahrah Kechik two plots of land at No 8 and 10, Jalan Suasa 7/11, Shah Alam valued at RM3.5 million from the director of Ditamas Sdn Bhd Shamsudin Hayroni.

The offence was committed at the Selangor MB’s official residence on May 29, 2007.

He is the second Selangor MB to be convicted of corruption after Harun Idris in the 1970's.

Justice Tan said it was clear the price of RM3.5 million for Khir to purchase two plots of land was inadequate.

He cited findings of two valuation officers who said the cost of the land should have been at RM.5.5 million.

“By all accounts the value of the land and house in 2007 should at least be RM5 million which was supported by the valuation of the ninth prosecution witness who gave the value of the land in 2007 and original house at RM4.807 million.

“Had the house been untouched it should at least hold its value. But Khir took over the house, and demolished it. Any dimunition in the value of the land and house was caused by the appellant. Khir accepted the land house value of at least RM5 million,” the judge said.

Khir, Justice Tan said, cannot get away by saying that it was an incomplete house.

When Khir bought the two plots of land, there was already a bungalow built on one of the plots, but it was torn down and replaced with a Balinese-style mansion.

The court further said Khir was interested in the land and knew that the asking price of the first witness in 2004 was RM7 million.

“The appellant asked Shamsudin to buy the land in 2006 and he knew the price Shamsudin had paid to the first witness,” said Justice Tan.

Two key witnesses credible

Justice Tan also ruled that complainant Shamsuddin and contractor Nasir Ismail's testimonies were intact.

The judge said Shamsudin purchased the said land at Khir's request, but in the hope the former MB would buy it from him and pay the costs of renovation.

“Shamsudin was not agreeable to Khir's offer of RM3.5 million and counter proposed at RM5 to RM5.5 million. Shamsudin was forced to sell the said land to Khir as he knew Khir is the Selangor Development Corporation chairperson with which he had business dealings,” he added.

On Nasir, Justice Tan ruled that he was a credible witness as his evidence was supported by two other witnesses and the trial court accepted his credibility.

The judge also ruled that Khir, 50, is considered a public servant within the meaning of the Anti-Corruption Act 1997.

“Given that the work of PKNS chairperson was an integral part of the official work of the MB as being entrusted by the law, it was not an error in the particulars of the offence to state that Khir knew that Shamsudin had connections with his official work as MB.

“In any case, it would not seem that Khir could have been misled,” he said.

Justice Zulkefli led the five-member bench, which also comprised Federal Court judges Justices Ahmad Ma’arop, Hasan Lah and Ramly Ali.

Found guilty by High Court and COA

Previously, the High Court found Khir guilty of graft and sentenced him to 12 months jail. He also had his Balinese-style mansion in Section 7 Shah Alam seized by the authorities.

He was charged under Section 165 of the Penal Code for gratification which carries a maximum two years' jail sentence.

The Court of Appeal upheld the decision and sentence including the forfeiture of the property.

Khir was represented by Muhammad Shafee Abdullah ( photo ), M Athimulan, Kamarul Hisham Kamaruddin, Jahabardeen Yunus and Sarah Abishegam

Prosecution was led by DPP Mohd Masri Daud and Mohd Dusuki Ahmad.

Earlier, Justice Zulkefli dismissed Shafee's application for a retrial at the Court of Appeal.

He questioned why the application was brought at the eleventh hour, just before the court was about to deliver its judgment.

“You have a team of lawyers but this point was highlighted to you by the appellant (plaintiff). Anyway, the court will continue delivering the decision as it is a unanimous judgment,” he said.

The application said that Justice Azahar Mohamed, who had written the Court of Appeal judgment, had mistakenly found Khir to have a stake in Roniaga Sdn Bhd, which the defence said prejudiced the case and entitled a retrial.

However, DPP Masri argued the error did not prejudice Khir as it did not carry weight.