Khir trial: Prosecution wraps up its case

The prosecution in former Selangor menteri besar Mohd Khir Toyo’s corruption trial summed up its case with a written submission today at the Shah Alam High Court.

DPP Abdul Wahab Mohamed told the court that the evidence and testimonies tendered has fulfilled requirements for a prima facie case in the corruption trial of former Selangor Menteri Besar Mohd Khir Toyo.

He recounted the evidence submitted before the court and argued that the accused bought a mansion located on lots 8 and 10 off Jalan Suasa in Shah Alam from Ditamas director Shamsuddin Hayroni for RM3.5 million, a price they claim is very low, while a public servant and being well aware that the price is low.

He also argued that in return, Shamsuddin, a businessman with dealings with the Selangor government, had received the use of Mohd Khir's influence for project approvals and several applications beneficial to his business.

The prosecution said this while summing up the corruption case against Khir Toyo in a written submission submitted to the Shah Alam High Court.

The prosecution then rested for the morning session and continued after lunch to rebut the defence’s oral submission tendered earlier.

Earlier in the morning, the defence began their submission by attacking the credibility of Shamsuddin, the key prosecution witness.

Lead defense counsel M Athimulan argued that as someone who had admitted to making false statements before the authorities, he has committed perjury and is not a reliable witness.

Shamsuddin had admitted in court that his testimony differs from his earlier statement to the MACC, where he had denied selling the mansion under pressure.

It was only after corruption charges against him were mysteriously dropped that he recorded a new statement where he made a complete u-turn and suddenly alleged that he was forced to sell the property at a lower price.

The defence also pointed out eight inconsistencies in Shamsuddin’s testimony, which makes his testimony even more unreliable.

The defence then cited case law that states those who are co-accused in a crime cannot be given much credence when they testify as their testimony is suspect and must weigh less than other evidence.

Was jointly charged with Mohd Khir

Prior to being a prosecution witness, Shamsuddin was jointly charged with Mohd Khir under Section 165 of the Penal Code with receiving bribes by a public servant.

The defence argued that such a reliance on suspect testimony goes against standards of legal practice, therefore it is dangerous to give prima facie to a case build on such a foundation.

Lawyer Kamarul Hisham Kamaruddin then took over to call into question the use of valuation reports by the prosecution to infer that the market value of the house was higher than what was paid for by Mohd Khir.

He said the reports were based on hearsay and adduced using information not tendered to the courts as evidence, as such they cannot be considered evidence but only opinions.

Kamarul also argued that fair price is not market price nor is it one fixed amount but a range of values that may be higher or lower than the market price.

He proposed in summing up that in either case, none of the reports were available to Mohd Khir during his purchase. The only report he was aware of was a report prepared by his bank which stated the price at RM3.5 million, the amount he paid in the end.

In rebuttal, the prosecution argued that they were not hiding the RM3.5 million valuation report but indeed made it available when the defence tendered it as an exhibit. They also cited case law on the prosecution’s right to determine which evidence and witness to call or not to call as befits their importance to the case.

They also urged the judge to consider the testimony of Shamsuddin in its totality, including demeanour and expression as well as the circumstances of the case, before dismissing his testimony just because he was a co-accused, citing another authority.

After hearing the final submission from both sides, judge Mohtarudin Baki then set August 8 as the date for his decision on whether there is a prima facie case against Mohd Khir and whether or not to call upon the accused to mount his defence.