Dr. Mohamad Khir Toyo was the Menteri Besar
of Selangor and a dentist by profession. He was the last Menteri Besar of BN in
Selangor before BN was defeated in the 2008 election. In the latest 2013
election he was not chosen to defend his seat in Sungai Burung because of the
impending court case.
At the moment Dr. Khir has been charged by
the High Court with “obtaining a piece of property below its actual market
value”. An appeal was filed at the Court of Appeal, but the result did not
change anything as all the judges decided to keep the ruling. According to his
website, Dr. Khir will file an appeal to the Federal Court, although he is not
convinced that justice will be served to him.
The charged put on Dr. Khir came from a
very confusing judgment from a layman point of view. The charged seems to
indicate that Dr. Khir had misused his power to obtain a property below its
actual market value.
The property in question is a piece of land
with a bungalow. Previously purchased by a contractor at RM6.5 mill, but then
sold to Dr. Khir at RM3.5 mill. If this fact is considered than it is true that
Dr. Khir had obtained it below its market or original value. However, there is
another fact seems to be ignored by the court. Dr. Khir did not pluck the RM3.5
mill value out of the thin air. It came from an independent property assessor
appointed by HSBC bank. The reason why the property was devalued because the
bungalow was incompletely renovated and a lot of things need to be done before
it can be declared as habitable.
The learned judges are the people that we
put our trust in order to find justice. Usually, the findings will be made
clear as if why this or that fact is considered or rejected, what it leads to
and the final conclusion. For example, Dato’ Seri Anwar homosexual case with
Saiful Bukhari was rejected on the ground that the handling procedure of
processing DNA sample from Dato’ Seri Anwar was weak and may lead to
mishandling. However the case of Dr. Khir Toyo is very confusing as to why a certain
fact is not considered. My prayer is with Dr. Khir, hoping that Federal Court
will reconsider all the facts presented. I was once told that the court will
not charge anyone unless that fact is very clear and without prejudice. But then again I am a layman.