Double shock for Khir Toyo’s defence team

Lead counsel Muhammad Shafee Abdullah said the team of lawyers representing former Selangor menteri besar, Dr Mohd Khir Toyo, were shocked with the conviction and the forfeiture of the two plots of land in question. MalaysiaKini’s Hafiz Yatim reports:

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“We are shocked by the guilty finding. We are extremely confident that the Federal Court finding is wrong.

“We are doubly shocked by the forfeiture (of the two plots of land) as we feel it cannot be done to the property that way,” he said.

Saying that this is not the end of Khir’s case, he added that Section 36 and Section 36 (2) of the Prevention of Corruption Act 1997 defines gratification as illegal money. Here the purchase of the property was not under question, but the margin between its market price and the price accepted, was.

“The house cannot be the subject matter but the margin is. If I give you RM10 million (for example) can you forfeit RM20 million as I already had given you RM10 million?” he asked, adding that was the issue.

“In this case, there is a shortfall of RM1.5 to RM2 million that is the subject matter of the crime and not the house. I am also not certain how fast (the government can forfeit), as the bank owns one end and Khir’s wife (Zaharah Kechik) will put in a claim as she owns half of the property,” the lawyer said.

Pension lost

Asked whether his client would likely lose his pension following the conviction, Shafee’s reply was yes, as the fine and jail sentence exceeded the minimum amount.

On Khir’s options, the senior lawyer said they did not want to disclose it now without reading the full judgment.

He said the court promised to give the full judgment today.

“Certainly, a pardon or a review of the conviction and sentence is an option. There is another option which I cannot disclose to you until after reading the full judgment,” said Shafee, who added he would call a press conference on this.

However, what is certain, Shafee said was that they will file contempt proceedings against The Sun newspaper for two articles that was published, the first by R Nadeswaran on Sept 25, and the other yesterday.

“This is contempt of the highest order and that is something which Khir wants us to do,” he said, adding they will file the contempt proceedings at the Federal Court by Friday.

At the start of today’s sentencing proceedings, Shafee complained to the bench led by Chief Judge of Malaya, Zulkefli Ahmad Makinudin, on the two articles which he described were contemptuous and wanted to bring this to the court’s attention.

However, Justice Zulkefli gave the assurance that the panel would not be swayed by what was posted in the press or social media, in arriving at its decision.

Khir begins his jail sentence from today at the Kajang prison.

Source:  http://www.malaysiakini.com/news/313913