This article first appeared in The Edge Financial Daily, on September 30, 2015.

PUTRAJAYA: Former Selangor menteri besar (MB) Dr Mohamad Khir Toyo was sentenced to 12 months’ jail for abusing his power while in office to purchase land and a bungalow in 2007.

Federal Court judge Tan Sri Zulkefli Ahmad Makinudin, who delivered the verdict, also upheld the decision of the lower court to forfeit the properties.

He said community service as suggested by lawyer Tan Sri Muhammad Shafee Abdullah was not appropriate in this case.

“The instant offence, which is destructive of public confidence in the government, was not trivial in nature,” he said.

He said Mohamad Khir as a public servant had abused his position to buy the properties with inadequate consideration.

Mohamad Khir’s sentence began yesterday.

He can apply for a pardon before the Sultan of Selangor.

Last week, the apex court dismissed Mohamad Khir’s appeal when the bench affirmed the conviction of the lower courts.

Judge Tan Sri Jeffrey Tan Kok Hwa, who delivered the unanimous ruling of the five-member bench, said the prosecution had proven its case beyond reasonable doubt.

“All the ingredients of the charge had been proved, including whether he was a public servant,” he said in delivering the unanimous verdict.

Mohamad Khir was calm and composed when the judgement was read out in the packed room. The audience consisted of his family members, supporters and the media.

He will serve his jail term in Kajang Prison.

Mohamad Khir was previously on RM750,000 bail pending his appeal being exhausted.

Muhammad Shafee told reporters that Mohamad Khir would also likely lose his pension as former MB  and Pasir Panjang assemblyman.

The law states that any elected or former elected representative, who is fined RM2,000 or jailed a minimum of 12 months, will lose his remuneration.

Muhammad Shafee said pardon was an option but the defence was exploring other possibilities, which he declined to reveal.

It is learnt that an option was to seek a review of the Federal Court ruling on grounds that an injustice was caused to the accused.

“We were shocked by the finding of guilt by the Federal Court as we had hoped for an acquittal. We had also hoped for a lenient sentence after this court last week upheld the conviction,” he said.

Muhammad Shafee said he had been instructed by Mohamad Khir to initiate contempt proceedings against TheSun newspaper for publishing two articles that attempted to influence the judges.

In yesterday’s judgement, Zulkefli said corruption in any manner and form could not be condoned and that a fine would not send the message.

“Neither would community service. In any event, community service is an option only in the case of youthful offenders and not applicable to the appellant (Mohamad  Khir ),” he added.

He said imprisonment was the right and proper sentence although the prosecution did not appeal to enhance it.

The judge said that in dismissing the appellant’s appeal against a lenient sentence, the court also took into account public interest and that the punishment first imposed by the trial court was not manifestly wrong.

Zulkefli said the forfeiture of the properties was ordered in accordance with Section 36 of the Prevention of Corruption Act 1997.

This legislation was used as the offence had been committed before the Malaysian Anti-Corruption Commission Act came into force in 2010.

“The said land was not arbitrarily forfeited. It was a lawful deprivation. There was no breach of Article 13 (1) of the Federal Constitution,” he said in reference to contention of the defence that the accused would be deprived of his property.

Mohamad Khir and his wife are the registered owners but the court said the forfeiture was subject to the charge, if any. — The Malaysian Insider