The prosecution in the graft trial of former Selangor Mentri Besar Dr. Mohd Khir Toyo closed its case yesterday after calling its 25th witness, Malaysian Anti-Corruption Commission acting senior superintendent Chang Ching.
In his testimony, Chang said under cross examination by lead defence counsel M. Athimulan that he had warned Ditamas Sdn Bhd director Shamsuddin Hayroni about the consequences of lying when having his statement recorded.
He said a total of 13 statements were recorded from Shamsuddin.
“Before the charge, we recorded eight statements under Section 30(3)(b) of the MACC Act 2009,” he said.
He said Shamsuddin gave his ninth statement after he was arrested, and then subsequently he gave four more statements.
Shamsuddin had admitted to substantial differences in his statements when he had taken the stand earlier in the trial.
He had said the earlier statements made before his charge was dropped were different as he had been directed by Khir Toyo not to implicate him.
Shamsuddin, who was initially charged with abetting Khir Toyo, is now a prosecution witness.
Chang was questioned today by prosecution counsel DPP Mohd Dusuki Mohktar on the decision to charge Shamsuddin.
Chang said the decision was made after the investigation papers were sent to the prosecution division which decided to charge Khir Toyo under Section 165 of the Penal Code and Shamsuddin as an accomplice.
Khir Toyo was charged on Dec 6, 2010 with obtaining, for himself and his wife Zahrah Kechik, 45, two plots of land and a house at No 8 & 10, Jalan Suasa 7/1 L, Shah Alam, from Ditamas Sdn Bhd through Shamsuddin for RM3.5 million when in fact the lots were bought by Ditamas on Dec 23, 2004 at the price of RM6.5 million.
Khir is charged with committing the offence at the Selangor Mentri Besar's official residence at Jalan Permata 7/1, Seksyen 7, Shah Alam, on May 29, 2007.
If found guilty, he faces a maximum of two years jail and a fine, or both.
Four other witnesses, including Permodalan Negeri Selangor Berhad (PNSB) company secretary Mohd Nizam Yaacob, also testified today.
To questions from DPP Masri Mohd Daud, Mohd Nizam said Khir Toyo was a PNSB director and chairman from 2000 until March 2008.
Asked about a 6.5 hectare housing development project in Sg Long, Cheras, Mohd Nizam said that out of three companies, Bidara Lumayan Sdn Bhd got the contract.
He agreed that one of the directors of Bidara Lumayan was Shamsuddin.
Submissions will be heard on July 13.
