Former Selangor Mentri Besar Dr Mohd Khir Toyo never extended any special favours to Ditamas Sdn Bhd director Shamsuddin Hayroni or unlawfully interfered in his projects, the High Court heard.
Defence counsel Kamarul Hisham Kamaruddin said there was no evidence to suggest his client had committed such acts.
“If Shamsuddin was expecting some kind of untoward advantage in the form of special treatment, that cannot amount to any duress of any kind because that is motivated by greed,” he said.
Kamarul was submitting before Justice Mohtarudin Baki during the closing argument for Dr Khir, who is charged with knowingly purchasing two plots of land and a bungalow in Section 7 here at a much lower price than its original value from Shamsuddin in 2007.
The property was bought at RM3.5mil although Ditamas had acquired it for RM6.5mil on Dec 23, 2004.
The 46-year-old politician allegedly committed the offence at the Selangor Mentri Besar’s official residence on May 29, 2007.
Kamarul said Shamsuddin’s testimony was an afterthought, made up after the charge against him was withdrawn.
“In 2009, he did not tell the Malaysian Anti-Corruption Commission that he had no option (but to sell the house at the said price), but after the charge was withdrawn, he changed his testimony to suit the prosecution’s case,” he said.
He attacked Shamsuddin’s credibility as a witness, saying that the testimony of a witness who was earlier accused but turned to the prosecution’s side after the charge was withdrawn must be viewed with the utmost suspicion.
Shamsuddin was first charged with abetting Dr Khir but had the charge against him dropped on June 6.
Kamarul said the prosecution had pressed ahead with its version of a person of influence who took advantage of another person in a weaker position.
“If this was true, then why would the accused ask businessman Datuk Sumadi Ismail to also buy the property? In fact, according to Shamsuddin’s testimony, the accused had first asked Sumadi to buy it.
“There is no evidence in the entire trial indicating that Sumadi was a person on whom the accused could have pressured and taken advantage of. What we know is Sumadi is a social and political friend of the accused,” he submitted.
DPP Abdul Wahab Mohamed said there was no evidence that Shamsuddin had financial problems and was desperate to sell the properties at a lower price.
He said there was only evidence of Shamsuddin being afraid and concerned about the accused’s influence as Mentri Besar and chairman of Selangor State Development Corporation (PKNS), with which Shamsuddin’s company had business deals.
The case is fixed for decision on Friday.
Source : The Star
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