Khir Toyo's appeal hearing postponed again as he is hospitalised

Former Selangor menteri Besar Datuk Seri Dr Mohamad Khir Toyo's final appeal hearing against his conviction and 12-month jail sentence for corruption has been postponed to Nov 6 as he was hospitalised yesterday.

His counsel Tan Sri Muhammad Shafee Abdullah informed the Federal Court five-member panel that his client was suffering from severe headache, was unable to walk and was admitted to DEMC Specialist Hospital.

Muhammad Shafee also submitted to the court a letter from Dr Rashidi Saidin, a consultant physician and nephrologist at the hospital in Shah Alam which states that Khir Toyo was brought to the Emergency Department of the hospital yesterday with severe headache associated with neck pain.

The letter also states that Khir Toyo has been diagnosed to have cervical spondylosis and was admitted for treatment and further investigation.

"We don't know long he would be there. This is the first time the appellant (Khir Toyo) is not present in court on his own reason. We are asking for adjournment," said Muhammad Shafee.

Chief Judge of Malaya Tan Sri Zulkefli Ahmad Makinudin who chaired the panel then said this was the second time the appeal hearing had to be postponed.

He said it must be made known to the public that cases were not being postponed by the court.

He also told Muhammad Shafee to ensure his presence on the next hearing date as he was noted to be handling many court cases.

The hearing of the appeal was set today after it was postponed on April 15, this year on Muhammad Shafee's request because he was attending a conference in Japan.

DPP Masri Mohd Daud told the court that he had no objection to postpone the case.

On Dec 23, 2011, the High Court in Shah Alam found Dr Khir, 49, guilty of obtaining for himself and his wife Zahrah Kechik, 47, two plots of land and a bungalow in Section 7, Shah Alam four years ago from Ditamas Sdn Bhd through its director Datuk Shamsuddin Hayroni, and sentenced him to 12 months' jail.

The former Sungai Panjang assemblyman was accused of committing the offence at the official residence of the Selangor menteri besar in Jalan Permata 7/1, Section 7, Shah Alam, on May 29, 2007.

The High Court also ordered that the properties involved be forfeited and handed over to the government.

On May 30, last year, the Court of Appeal dismissed his appeal and upheld the High Court's decision. Dr Khir subsequently filed his appeal to the Federal Court.