He has been sentenced to 12 months jail beginning today, and the property in question has been ordered to be forfeited to the Malaysian government.
In delivering the sentence, Justice Mohtaruddin Baki said a deterrent sentence was needed because in cases involving public and private interests, public interests should take precedence.
However, the Court granted stay of execution of the sentence.
Earlier Mohtaruddin said the prosecution had managed to prove the case against the 46-year-old Sungai Panjang assemblyperson beyond reasonable doubt.
While the prosecution applied for the multi-million-ringgit property in question to be forfeited, the defence appealed to the judge for Khir to be bound over on good behaviour.
Khir is charged under section 165 of the Penal Code, which is the lesser graft charge, compared to charges under the Prevention of Corruption Act and the new Malaysian Anti-Corruption Commission Act.
It had been speculated whether Khir would receive a two-year jail term or a fine in excess of RM2,000, that would have cost him eligibility as an assemblyperson and have him banned from contesting in the coming elections.
First Time Offender
Pleading in mitigation counsel M Athimulan told the court that Khir is a first offender and married with six children.
"The charge and conviction is unique as the valuer had evaluated the property at RM3.5 million as it is an uncompleted property," he said.
He also submitted that section 165 is a compoundable offence and the court has wide jurisdiction to allow the imposition of a fine.
"If this case had been tried at a magistrate's court the maximum could be RM10,000.
"We argue under the concept of Equality under Article 8 of the Federal Constitution to impose the fine of RM10,000 and not more than this although this has been brought before the High Court," he said.
Athimulan pleaded for Khir to be bound over, pointing out that the court has the power under section 173a of the Criminal Procedure Code to release the accused.
Kamarul Hisham asked Justice Mohtaruddin to tamper justice with mercy as Khir was the state's chief executive and by convicting him the court had already punished him.
Come down hard on abuse
DPP Mohd Masri Daud on his part, argued that although the accused is charged under section 165 the court should send a strong message that as a public servant one should not seek favours.
"It is clear that the accused was interested in the property in 2004 and asked Shamsudin to buy it and later bought it for himself."
"As the menteri besar and chairperson of the Selangor Development Corporation, he should have set an example and not use his contacts and acquiantances to benefit himself," he said.
Mohd Masri also delivered a shocker when he applied to the court under section 41 of the MACC Act for the mansion to be forfeited.
"In any offence of graft of such a nature, the court has the discretion to grant forfeiture of the property," he said.
Athimulan said the defence is taken aback by the prosecution's application as it had given no indication of doing so. He then asked that the court to fix another date to determine the prosecution application on the forfeiture of the property.
The court has taken a break before delivering sentence.
Also present in court was his wife Zaharah Kechik and about 40 of his supporters, some seated and others standing in the packed courtroom. Khir was represented by a team of lawyers led by Jahaberdeen Yunoos, M Athimulan and Kamarul Hisham Kamaruddin.
DPP Abdul Wahab Mohamed represented the prosecution. Khir arrived in court as early as 9.15am, with scores of his supporters in tow.
Khir was charged on Dec 4 last year, with corruption for obtaining for himself and his wife Zahrah Kechik, two lots of land and a house at No 8 & 10, Jalan Suasa 7/1L, from Ditamas Sdn Bhd director Shamsuddin Hayroni, at RM3.5 million - a lower price than the RM6.5 million Ditamas paid for it in 2004.
The former Selangor MB allegedly entered into the transaction with the knowledge that Shamsuddin had dealings with him in his official capacity as the state’s chief executive at that time.
The Sungai Panjang assemblyperson allegedly committed the offence at the Selangor menteri besar’s official residence at Jalan Permata 7/1, Section 7, Shah Alam on May 29, 2007.
He is the second Selangor menteri besar to be charged with graft after the late Haron Idris, who spend three years in prison in 1977.
Khir in one of his blog postings this year alleged that three federal ministers had wanted him jailed for graft following the charge. Without naming the ministers, Khir claimed one of them was said to have told the two others that to get back Selangor, he (Khir) must be charged.
“Are they powerful enough to control a judge? I don’t believe they can direct a judge nor will a judge listen to this group,” wrote Khir in the blog, resulting in spiralling speculation on the identity of the three.
Twenty-five prosecution witnesses and five defence witnesses, including Khir, testified at the trial.
Mahkamah Tinggi Shah Alam hari ini mendapati bekas menteri besar Selangor, Dr Mohd Khir Toyo bersalah atas tuduhan rasuah. Mahkamah menjatuhkan hukuman 12 bulan penjara berkuatkuasa hari ini, serta memerintahkan harta terbabit dilucuthak kepada kerajaan Malaysia
Sebelum itu, Mohtaruddin berkata pihak pendakwaan telah berjaya membuktikan kes terhadap ADUN Sungai Panjang itu tanpa sebarang keraguan yang munasabah.
Khir berdepan dengan kemungkinan hukuman penjara dua tahun atau denda atau kedua-duanya. Jika denda itu melebihi RM2,000, Khir boleh hilang kelayakannya sebagai ADUN dan tidak boleh bertanding dalam pilihan raya akan datang. Turut hadir ialah isterinya, Zaharah Kechik dan kira-kira 40 penyokongnya - ada yang duduk dan ada yang berdiri di dalam bilik mahkamah yang padat.
Khir diwakili oleh pasukan peguam yang diketuai oleh Jahaberdeen Yunoos, M Athimulan dan Kamarul Hisham Kamaruddin. DPP Abdul Wahab Mohamed menjalankan pendakwaan.
Khir tiba di mahkamah seawal jam 9.15 pagi.
Khir, 45, didakwa mendapatkan untuk diri dan isterinya, Zahrah Kechik, 45, dua lot tanah dan sebuah rumah di No. 8 & 10, Jalan Suasa 7/1L, daripada pengarah Ditamas Sdn Bhd, Shamsuddin Hayroni pada harga RM3.5 juta sedangkan ia dibeli oleh Ditmas pada 23 Disember 2004 dengan harga RM6.5 juta.
Perbuatan itu didakwa dilakukan dalam keadaan Dr Mohamad Khir mengetahui bahawa Shamsuddin mempunyai hubungan dengan tugas rasminya sebagai Menteri Besar Selangor pada ketika itu.
Dr Mohamad Khir, yang juga ADUN Sungai Panjang, didakwa melakukan kesalahan itu di kediaman rasmi Menteri Besar Selangor di Jalan Permata 7/1, Seksyen 7, di Shah Alam, pada 29 Mei 2007.
Pada 8 Ogos lalu, Hakim Mohtaruddin memerintahkan Khir membela diri atas tuduhan itu selepas mendapati pendakwa sudah membuktikan kes prima facie ke atas pemimpin politik itu.
Dua puluh lima saksi pendakwa dan lima saksi pembela, termasuk Khir, memberi keterangan dalam perbicaraan tersebut.