Should former Selangor Menteri Besar Dr Mohamad Khir Toyo be let off with community service in lieu of jail term?

The answer will be clear come tomorrow when the Federal Court delivers the sentence on Dr Mohamad Khir, 50 at about 1.30pm.

On Sept 22, a five-member panel of the Federal Court chaired by Chief Judge of Malaya Tan Sri Zulkefli Ahmad Makinudin upheld Dr Mohamad Khir's conviction on the charge but reserved its decision on sentencing to 29 Sept.

Dr Mohamad Khir, a father of six, appealed against the High Court's decision that found him guilty and sentenced him to 12 months jail on the charge of using his position to obtain land and a bungalow in Shah Alam in 2007.

The Federal Court also affirmed the High Court's order that the properties involved be forfeited and handed over to the government.

The dentist brought the matter to the Federal Court after losing his appeal in the Court of Appeal on May 30, 2013 after the High Court in Shah Alam found him guilty of obtaining for himself and his wife Zahrah Kechik, two plots of land and a bungalow in Section 7, Shah Alam, from Ditamas Sdn Bhd through its
director Datuk Shamsuddin Hayroni.

The properties were bought at RM3.5 million, in contrast to the price of RM6.5 million paid for it by Ditamas and 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.

Dr Mohamad Khir, who was the Menteri Besar from August 2000 until February 2008, was charged under Section 165 of the Penal Code that provides for a maximum jail term of two years or a fine or both.

Last Tuesday, during mitigation Dr Mohamad Khir's counsel Tan Sri Muhammad Shafee Abdullah urged the court to not send him to jail but either to impose a fine or that he be allowed to carry out community service.

Muhammad Shafee explained that his client had given his undertaking that he was willing to do community service for a period of time set by the court by providing free dental services to the poor.

DPP Mohd Dusuki Mokhtar countered that community service was inappropriate in this kind of offence.

This is the first time that community service has been proposed over a jail sentence for this kind of offence.