KUALA LUMPUR, Dec 9 — Khir Toyo did not abuse his former position as Selangor mentri besar to obtain property for below market value as he made the purchase as a non-executive official of a state agency, his lawyer told the Federal Court hearing his appeal today.

Umno-linked lawyer Tan Sri Mohd Shafee Abdullah argued during today’s hearing that the prosecution was wrong to charge the former MB under Section 21 of the Penal Code, which covers graft offences involving public servants.

Shafee said Khir had made the transaction in his capacity as chairman of the Selangor State Development Corporation (PKNS).

In his submission, the lawyer said the PKNS Enactment clearly stated that as a chairman, Khir had no executive power, which means he had bought the land in his own capacity.

“The Court of Appeal was wrong to say the appellant... was a public servant. As a chairman of PKNS he has no duty there, but to oversee the board meeting.

“This does not fall under Section 21 of the Penal Code which defines what a public servant is,” he said.

The prosecution had charged Khir with corruption for allegedly using his influence as MB to buy two plots of land in Shah Alam for the purpose of building his mansion for RM3.5 million in 2007.

Today, Shafee also contested the claim that the property was sold for below market price, noting that another independent evaluator, Rahim and Co, had arrived at the lower price despite another firm valuing the land at RM6.5 million.

“I think we have corroborated this when the appellant and SP2 (company that sold the land) agreed to let the bank ascertain the value,” Shafee said.

The appeal heard at the Federal Court today will be Khir’s last chance to set aside his corruption conviction and one-year jail sentence.

The former Selangor MB was convicted by the High Court in Shah Alam on December 23, 2011 of corruptly using his position as MB and Selangor State Development Corporation (PKNS) chairperson to obtain land and property at below the market price.

Last year, the Court of Appeal upheld his conviction and one-year jail sentence.

The appeal hearing against the conviction has been postponed to January 19.