Instead of jail time, Khir Toyo could give free dental service, lawyer tells court

Tan Sri Muhammad Shafee Abdullah, the lead counsel for Mohamad Khir, said his client could be directed by the court to give a written promise to provide dental services for at least three days per week, over a one or two-year period.

“That is an undertaking that he will give if Yang Arif is willing to consider in lieu of imprisonment.

“He is willing to undertake community service of providing free dental care, which he used to do prior to being mentri besar in his own constituency,” Shafee said, adding that Mohamad Khir would be prepared to do so within the same constituency or anywhere within Selangor.

Shafee said this would serve as the best illustration of how “sorry” Mohamad Khir was over this particular episode, with the latter telling the court later that he did not have any intention to commit the offence.

In response to a judge commenting that Mohamad Khir had not practised for some time, Shafee insisted that his client would not have forgotten his dental skills.

Mohamad Khir himself then told the court that he still practised even when he was mentri besar and still holds a licence to this day.The Federal Court upheld today Mohamad Khir’s previous conviction under Section 165 of the Penal Code, which comes with a maximum two-year jail term or fine or both.

Among other arguments to mitigate the sentencing on Mohamad Khir, Shafee noted his client was a first-time offender, adding that the court should opt for a fine instead of the heavier penalty of imprisonment as the offence committed was non-violent.

He also asked for the court to allow payments in instalments if it decides to impose a stiff fine on his client.

Shafee noted that his client had suffered two heart attacks recently, besides arguing that his client had given full cooperation to the Malaysian Anti-Corruption Commission (MACC) in the past and is unlikely to be a repeat offender as he is no longer a public servant.

“The accused is a person, prior to this conviction, of good character, unblemished record, not even a record for a traffic offence; we may mention that with this conviction, it amounts to an almost total destruction of his political career,” he said, having noted that Mohamad Khir also stands to lose his pension.But deputy public prosecutor Mohd Dusuki Mokhtar asked the judges to consider public interest in delivering a sentence due to the serious nature of the offence committed while Mohamad Khir was a mentri besar, further describing the latter as having “abused his powers” then.

Mohamad Khir will only know his fate next Tuesday afternoon, when the Federal Court panel returns with a decision on his sentencing.

Earlier, Federal Court judge Tan Sri Jeffrey Tan Kok Wha had said that Mohamad Khir had taken full value of land and a house that was worth at least RM5 million, and that his payment of RM3.5 million was inadequate.

“It remained that the offence as charged was proven beyond reasonable doubt,” the Federal Court judge said when reading out a summary of a five-man panel’s unanimous decision.

On December 23, 2011, Mohamad Khir was convicted by the Shah Alam High Court of corruptly using his position as then Selangor Mentri Besar and Selangor State Development Corporation (PKNS) chairperson to obtain land and property below the market price in 2007.

He was given a 12 months’ jail sentence after being found guilty of obtaining two plots of land and a bungalow in Section 7, Shah Alam for himself and his wife Zahrah Kechik, from Ditamas Sdn Bhd through its director Datuk Shamsuddin Hayroni.

On May 30, 2013, Dr Mohamad Khir lost his appeal at the Court of Appeal against his conviction and one-year jail term.

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