Friday 19 Apr 2024
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(Sept 22): In his plea for a lenient sentence after the Federal Court upheld his corruption conviction today, former Selangor menteri besar Dr Mohamad Khir Toyo said he would provide free dental treatment if he was allowed to do community service.

"I will provide dental care in my constituency or in any part of the Selangor," he said from the dock to the five Federal Court judges.

Dr Khir said that he had been providing such care to his friends and relatives even when he was politically active.

The trained dentist was mitigating for a lenient sentence instead of a jail term after the apex court dismissed his corruption appeal earlier today in his purchase of land and a bungalow while he held public office.

The High Court had convicted and sentenced Dr Khir to 12 months' prison in December 2011, and this was upheld by the Court of Appeal.

Dr Khir was charged at the Shah Alam Sessions Court in December 2010, with corruption involving the purchase of two lots of land and a bungalow in Section 7, Shah Alam.

He was accused of obtaining for himself and his wife, Datin Seri Zahrah Kechik, the plots and the house at No. 8 and 10, Jalan Suasa 7/1L, in Shah Alam, from Ditamas Sdn Bhd through one of its directors, Shamsuddin Hayroni.

He committed the offence at the official residence of the Selangor menteri besar in Shah Alam on May 29, 2007.

The Federal Court, in upholding Dr Khir's conviction, can also vary the sentence and the former politician now faces the possibility of jail for up to two years as provided by the law, a fine, or both.

His lead counsel Tan Sri Muhammad Shafee Abdullah, however, earlier suggested community service instead of a custodial sentence.

Dr Khir said he had no intention to commit the crime and that he was ignorant of the law.

He said he did not utilise public funds to purchase the property.

"I declared my assets to the prime minister and the Selangor Sultan when holding pubic office," he said.

He said he had worked hard for eight year as menteri besar from 2000 to develop the state and raise living standards of the people.

"But over the last five years I had lived with the negative stigma when the corruption charge was framed against me."

Shafee said his client, who is 50 years old, was a first offender and a role model to his six children.

"This was a non-violent crime and he did not understand the situation when he committed it," the Umno lawyer said.

Shafee said the property should not be forefeited as it was charged to the bank.

"He should be only allowed to pay for the difference of the gratification," he said, adding that the bank would also lose out if the property was returned to the original proprietor.

Meanwhile, deputy public prosecutor Masri Mohd Daud said the Court of Appeal had applied the correct principle of sentencing against the appellant and it should be maintained.

His colleague Dusuki Mohktar said the appellant had abused his position when holding the highest pubic office in Selangor.

"A deterrent sentence must be imposed to drive home the message about the scourge of corruption," said Dusuki

The bench led by Tan Sri Zukefli Ahmad Makinudin deferred sentencing to September 29 to give the court time to digest the submissions.

Earlier, Tan Sri Jeffrey Tan Kok Hwa, who delivered the unanimous ruling of the five-man bench, said Khir's appeal was dismissed and the prosecution had proven its case beyond reasonable doubt.

"All the ingredients of the charge had been proved, including whether he was a public servant," he told a packed court room.

Dr Khir is the second Selangor menteri besar to face corruption charges after the charismatic Datuk Harun Idris 40 years ago. – The Malaysian Insider

 

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