PUTRAJAYA — August 27, 2015: The Federal Court here today postponed to September 22 its verdict on former Selangor Mentri Besar Dr. Mohamad Khir Toyo’s appeal as he is undergoing treatment at the National Heart Institute (IJN).
A five-member panel chaired by Chief Judge of Malaya Tan Sri Zulkefli Ahmad Makinudin granted the application by Khir’s counsel Tan Sri Muhammad Shafee Abdullah.
“We are ready to deliver our judgment and the full grounds after several months of hearing the appeal.
“In light of Dr Khir Toyo’s absence, I think we are not going to deliver our decision today and we adjourn it to three weeks from today,” said Zulkefli.
“We hope the appellant would recover and we pray that he would be alright.”
Shafee informed the court that Khir could not be present in court today as he had been admitted to IJN and was scheduled to undergo the angiogram procedure at 5pm today.
He said Khir, 50, who fainted while jogging yesterday, was suspected of having heart artery blockage.
Shafee said that under Section 314 of the Criminal Procedure Code, if an appellant was not present in court, the court shall not make any order but instead adjourned the matter.
His contention was that Khir had to be present in court in the event the court did not rule in favour of him because the process of appeal was still
This is because Khir has the right to hear during the sentencing and mitigation process.
DPP Mohd. Masri Daud however said the court could still pronounce its decision in Khir’s absence, citing the case of Corporal Sirul Azhar Umar who was absent when the Federal Court delivered its decision. Sirul Azhar was reported to have gone to Australia.
Shafee also informed the court that his client was expected to be warded for several days.
Zulkefli then said: “Most of us are patients of IJN, that doesn’t mean we don’t come to work, this is my observation.”
The panel was scheduled to pronounce its decision in Khir’s appeal against his conviction and 12 months’ jail for allegedly using his position to obtain land and a bungalow.
The Shah Alam High Court had found Khir guilty of obtaining for himself and his wife Zahrah Kechik, 50, two plots of land and a bungalow in Section 7, Shah Alam, from Ditamas Sdn. Bhd.
Khir lost his appeal at the Court of Appeal on May 30, 2013.
The former Sungai Panjang assemblyman was accused of committing the offence at the Selangor MB’s official residence on May 29, 2007. — Bernama