KUALA LUMPUR, Sept 29 — Former Selangor mentri besar Dr Mohamad Khir Toyo asserted he is innocent despite the Federal Court’s decision today to uphold his one-year jail term, saying that the prosecution had failed to provide evidence to back claims that he had abused his position to obtain land and property below the market price.
In a blog posting which was published moments after the Federal Court’s decision was read out, Mohamad Khir said he knew that there were “people” on social media who were cursing him and were happy that he had been sentenced to jail.
“I just want to state that throughout the hearing the prosecution has never presented any facts which show any element of corruption.
“In general, any element of corruption must mean that I approved something to Shamsuddin in return for me getting something that I want,” he said, referring Ditamas Sdn Bhd director Datuk Shamsuddin Hayroni whom he purchased the land and property from.
The former Selangor mentri besar stressed that there was no evidence to show that he had rewarded Shamsuddin with any projects or tenders, and that he had only given a letter of support to the Ditamas director just like “dozens and hundreds of other companies.”
Mohamad Khir added that he was charged Section 165 of the Penal Code, which comes with a maximum two-year jail term or fine or both but at the same time authorities had used the Malaysian Anti-Corruption Commission (MACC) to seize his house.
He also said he forgave his detractors for vilifying him on social media.
“Do they understand that the house which I bought was half-completed, using a bank loan of which I am still paying monthly installments till this day?
“I forgive them,” Mohamad Khir said.
Earlier today, the Federal Court upheld the one-year jail term previously meted out to Mohamad Khir by a lower court, also maintaining the forfeiture of the land that he had underpaid for back in 2007.
Last Tuesday, the Federal Court panel ruled that the offence was proven beyond reasonable doubt when it unanimously upheld Mohamad Khir’s previous conviction under Section 165 of the Penal Code, which comes with a maximum two-year jail term or fine or both.
On December 23, 2011, the Shah Alam High Court convicted Mohamad Khir of corruptly using his position as then Selangor MB and Selangor State Development Corporation (PKNS) chairman to obtain land and property below the market price in 2007.
He was given a 12-month jail sentence after being found guilty of obtaining two plots of land and a bungalow in Section 7, Shah Alam for himself and his wife Zahrah Kechik, from Ditamas Sdn Bhd through its director Datuk Shamsuddin Hayroni with the inadequate payment of RM3.5 million in 2007.
He was charged with knowingly obtaining a valuable thing as a public servant without paying adequate consideration for the property that Ditamas had itself purchased at RM6.5 million in December 2004, and doing so with the knowledge that Shamsuddin had official dealings with him.
On May 30, 2013, Mohamad Khir lost his appeal at the Court of Appeal against his conviction and one-year jail term.
