PUTRAJAYA, Sept 29 — Local daily theSun will be hauled to court for alleged contempt over its publication of two articles ahead of today’s sentencing by the Federal Court that appeared to be prejudicial to Dr Mohamad Khir Toyo, his lawyer said.

Tan Sri Muhammad Shafee Abdullah, the lead counsel for the former Selangor mentri besar, said that the contempt of court proceedings will be initiated at the Federal Court.

“But definitely we are filing for contempt against theSun, that’s for sure. That’s one thing Dr Khir Toyo wants us to file against The Sun for both these articles,” he told reporters after his client was sent off to jail this afternoon.

“We will file it in the Federal Court, contempt is in the Federal Court, not in the High Court. So it will be filed here probably by Friday,” he added.

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Shafee said he was referring to two articles in theSun dated September 25 and 28, with one written by R. Nadeswaran and the other piece under “theSun Says” section.

Former Selangor mentri besar Dr Mohamad Khir Toyo (right) shakes hands with his lawyer Tan Sri Muhammad Shafee Abdullah at the Federal Court Putrajaya, September 22, 2015.
Former Selangor mentri besar Dr Mohamad Khir Toyo (right) shakes hands with his lawyer Tan Sri Muhammad Shafee Abdullah at the Federal Court Putrajaya, September 22, 2015.

Earlier this afternoon, before the Federal Court delivered its decision on the sentencing for Mohamad Khir, Shafee had brought these two articles to the attention of the judges.

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“This article was calculated to appear before the decision, probably to prejudice and cause irreparable damage to proceedings,” Shafee had told the judges.

The Federal Court panel for this case, said however that they are not affected by any reports on Mohamad Khir’s case and had only decided purely on the evidence and the facts.

“None of these reports, either here or other reports, influenced us at all,” Chief Judge of Malaya Tan Sri Zulkefli Ahmad Makinudin said before he went on to deliver the five-man panel’s unanimous decision.

The panel upheld the one-year jail term previously meted out to Dr Mohamad Khir Toyo, also maintaining the forfeiture of the land that he had underpaid for back in 2007, but subject to an existing charge to the bank.

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.