“The defence failed to raise reasonable doubt in the prosecution’s case,” said judge Datuk Mohtarudin Baki
The judge sentenced Dr Khir, who appeared calm, to 12 months’ imprisonment and ordered the seizure of the property.
Mohtarudin agreed with deputy public prosecutor Masri Daud, who argued that the conviction under Section 165 of the Penal Code also invoked Section 36 of the Prevention of Corruption Act, which mandates that the court seize property that is the subject of a graft offence.
“When public and private interests meet, public interest must be given priority. The accused abuse his position as the highest executive in the state. A fine will not be sufficient,” he said when delivering the sentence.
Defence lawyer Kamarul Hisham Kamarudin had failed to convince the judge to give Dr Khir a lighter sentence in light of “his contributions as mentri besar of Selangor all these years which is not in dispute.”
However, Mohtarudin granted Dr Khir a stay of the execution pending an appeal that his lawyer, M. Athimulan, said would be filed this afternoon.
Dr Khir and his wife, Siti Zaharah Kechik, were all smiles as they left the courtroom and the former MB took time to shake the hands of dozens of supporters before getting into his car.
However, he granted Dr Khir a stay of execution pending an appeal that must be filed within 14 days.
Dr Khir was charged with illegally obtaining for himself and his wife two lots of land and a house at No. 8 and 10, Jalan Suasa 7/1L here from Ditamas Sdn Bhd through its director Datuk Shamsuddin Hayroni.
The property was purchased at RM3.5 million although Ditamas had bought it tfor RM6.5 million on December 23, 2004.
Dr Khir, the state assemblyman for Sungai Panjang, was alleged to have committed the offence at the official residence of the Selangor mentri besar at Jalan Permata 7/1, Section 7 here on May 29, 2007.