Federal Court postpones verdict on Dr Khir Toyo's appeal

The Federal Court here today postponed to Sept 22 to deliver its verdict on former Selangor Menteri 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 made by his counsel Tan Sri Muhammad Shafee Abdullah for the court to pronounce its decision on another day.

"We are ready to deliver our judgment and the full grounds of judgment 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 Justice Zulkefli.

"We hope the appellant would recover and we pray that he would be alright," he added.

Earlier, Muhammad Shafee informed the court that Dr Khir Toyo 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 Dr Khir Toyo, 50, who fainted while jogging yesterday, was suspected of having heart artery blockage.

Muhammad Shafee also submitted the doctor's report to the court.

He said under Section 314 of the Criminal Procedure Code, if an appellant was not present in court, the court shall not make any order but adjourned the matter.

The lawyer said Dr Khir Toyo 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 ongoing.

He said this was because Dr Khir Toyo had the right to hear during the sentencing and mitigation process.

DPP Mohd Masri Daud said the court could still pronounce its decision in the absence of Dr Khir Toyo, citing the case of former police special action unit personnel Sirul Azhar Umar who was absent when the Federal Court delivered its decision.

Sirul Azhar was reported to have gone to Australia on the day of the verdict.

Earlier, Muhammad Shafee also informed the court that his client was expected to be warded for several days and being monitored by doctors for the next several weeks.

Justice 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 today in Dr Khir Toyo's appeal against his conviction and 12 months' jail for allegedly using his position to obtain land and a bungalow.

The High Court in Shah Alam had found Dr Mohamad Khir, a dentist by profession, 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 through its director Datuk Shamsuddin Hayroni. Dr Khir Toyo 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 official residence of the Selangor Menteri Besar in Jalan Permata 7/1, Section 7, Shah Alam, on May 29, 2007.

Outside the court, Muhammad Shafee told reporters that Dr Khir Toyo was in good health when he came to his office on Tuesday, but he (Muhammad Shafee) was then told yesterday that his client collapsed after he went jogging.