The Attorney-General Tan Sri Gani Patail yesterday flayed former Selangor Mentri Besar Datuk Seri Dr Mohamad Khir Toyo over a blog posting where he questioned the way his corruption case was handled by the courts.
Gani urged Khir stop pointing fingers at any parties alleging a conspiracy or political pressure.
Instead, he asked Khir to prepare his last chance to appeal in the Federal Court over his conviction over the purchase of a multi-million ringgit mansion in Shah Alam.
“I want to stress that there was never any form of political interference on me. I made the decision to charge Khir based on the statements from the investigations by the Malaysian Anti-Corruption Commission and in accordance with existing laws,” he said in a strongly-worded nine page statement.
He also stressed that the Prime Minister has never interfered in any matter relating to the charging of anyone.
“There has never been political interference and we will not allow any kind of political interference in matters relating to the Attorney-General’s Chambers,” said Gani.
Gani explained that the charges against Khir was based on solid evidence and was “not based on political factors or making Khir a "kambing hitam"(scapegoat).”
He pointed out that Khir has been represented by a team of renowned and experienced lawyers, has been heard in full, reached the Court of Appeal, and has been heard by three wise judges.
“Khir Toyo should be mindful and wise in making assumptions, especially when it is baseless,” Abdul Gani wrote, arguing that Khir was putting forward a simplistic argument that failed to take into account every single fact that lead to his conviction.
Gani said that Khir’s statements in his blog was almost acting in contempt of court by claiming that the three Appeals Court judges had failed to determine if the benchmark for the purchase was sufficient reciprocation.
Gani pointed out that the judges had thoroughly scrutinised the testimony before arriving at their judgment and had also answered the defendent's question.
He said that the judges had ruled that “market price” is not the only yardstick but that they should also consider the “circumstances” to measure the value of the property Dr Khir had bought off Ditamas Sdn Bhd director Datuk Shamsuddin Hayroni while in office.
“Just because the judges in the Court of Appeal did not accept Khir Toyo's argument does not mean matter was not answered.
“As such, Khir Toyo should not cloud the facts of this case by accusing the judges did not mention the benchmark to be used, when he had been proven to have used his position to get or purchase the property at a price he knew was wholly unreasonable from its owner,” Gani said.
The A-G said that Khir was not right in saying that the the CBT charge under Section 165 of the Penal Code was not a corruption charge, explaining that it was in fact a prescribed offence under the Anti-Corruption Act 1997, at the time of offence.
The section, explained Gani, dealt with government officials who received or obtained something from someone he knew to have official business with him without sufficient reciprocation.
This was related to abuse of power towards an individual, said Gani.
He said the maximum penalty upon conviction under Section 165 of the Penal Code was two years' imprisonment or a fine or both, which was far lighter than the maximum penalty under the MACC Act 2009, which prescribes a jail term of up to 20 years.
In Khir’s blog posting on Friday, Khir claimed that he was made into an “icon” to show the Prime Minister's seriousness in tackling corruption and a victim for political interest.
A day before that, on Thursday, a three-man panel in the Court of Appeal ruled unanimously that the High Court judge did not make any appealable error in arriving to finding Khir guilty as charged.
The court also allowed a stay of execution on the 12-month jail sentence with the same bail conditions imposed by the High Court.
Khir was found guilty by a Shah Alam High Court two years ago for knowingly purchasing two pieces of land and a bungalow in Shah Alam at a much lower price(RM3.5million) than its original value.
He maintained his innocence in his blog, stating that he would be found guilty in the end regardless of the evidence.
READ THE FULL STATEMENT HERE
Teoh El Sen
Sun Jun 02 2013
'No one will win a trade war,' China says after Trump tariff threat
Donald Trump says he would impose the tariffs until China stops the flow of illegal drugs, particularly fentanyl, into the United States.
What has caused Pakistan's deadly clashes between police and supporters of Imran Khan?
Topping the demands of Khan's Pakistan Tehreek-e-Insaf (PTI) party is the release of all its leaders, including Khan, who has been jailed on a series of corruption charges since August 2023.
One woman or girl killed every 10 minutes by intimate partner or family member - UN
The report highlights that "60 per cent of all female homicides" are committed by "people closely related to them".
Sweden urges Chinese ship to return for undersea cable investigation
Two subsea cables, one linking Finland and Germany and the other connecting Sweden to Lithuania, were damaged in less than 24 hours.
[COLUMNIST] Building more highways won’t solve traffic congestion - reducing demand will
It is clear that adding more lanes and highways doesn't work, because we are still attempting the same approach to solve the issue.
Hyundai to invest RM2.16 bil in Malaysia through strategic partnership with INOKOM
This investment includes efforts to upgrade INOKOM's existing assembly capacity to meet Hyundai's automotive needs.
‘C4Cinta’ sets record as highest-grossing Malaysian Tamil film
'C4Cinta', directed by young filmmaker Karthik Shamalan, has set a new benchmark in Malaysian Tamil cinema.
Man charged with mother's murder, storing body in freezer
The court denied bail and scheduled case mention on Feb 7 for the submission of forensic, autopsy, and chemist reports.
Abolition of examination in schools to reduce pressure on pupils - Fadhlina
The classroom assessment approach offers a much more interesting learning ecosystem, says Fadhlina Sidek.
Google, Meta urge Australia to delay bill on social media ban for children
Google and Meta says the government should wait for the results of an age-verification trial before going ahead.
Judge tosses Trump 2020 election case after prosecutors' request
It represents a big legal victory for Donald Trump, who won the Nov. 5 US election and is set to return to office on Jan. 20.
DHL plane crash in Lithuania leaves authorities searching for answers
Rescue services said the plane hit the ground, split into pieces and slid over 100 metres (110 yards).
National squad to hold friendly matches for 2025 Indoor Hockey World Cup
The warm-up matches will involve matches against better ranked teams in the world, namely Austria (first) and Belgium (third).
G7 seeks unity on ICC arrest warrant for Netanyahu
The United States, part of the G7, has rejected the ICC decision, with President Joe Biden describing it as outrageous.
Francissca Peter remembers Tan Sri Ahmad Nawab: A tribute to a musical legend
A legend who has influenced our music for decades, was one of the highlights of my career, says Francissca Peter.
TikTok decision coming soon as Jan. 19 divestment deadline looms
Judges are reviewing TikTok's challenge to a law requiring ByteDance to sell its US assets by Jan. 19 or face a ban.
Lebanese sources: Biden, Macron set to announce Israel-Hezbollah truce
In Washington, White House national security spokesperson John Kirby said, "We're close" but "nothing is done until everything is done".
PM meets chaebol tycoon to attract more FDI to Malaysia
Chaebols are prominent figures from South Korea's family-owned conglomerates.
Govt won't allow non-citizen vehicles to enjoy RON95 subsidy - Economy Ministry
The implementation of the RON95 subsidy in 2025 is expected to provide savings of RM3.6 billion to government expenditure.
Ringgit opens lower as greenback gains ground
Dr Mohd Afzanizam says the market responded positively to news of hedge fund manager Scott Bessent heading the US Treasury Department.