A senior lawyer noted that a proposal for former Selangor menteri besar Dr Mohd Khir Toyo to to substitute a jail sentence with community service, by giving dental treatment to the poor, has never been done before.

Khir was found guilty of corruption under Section 165 of the Penal Code, with the Federal Court yesterday upholding his conviction and dismissing his appeal. Sentencing has been set for Sept 29.

Lawyer Baljit Singh Sidhu said normally, community service could be accorded if the offender is under 21, based on the Criminal Procedure Code.

“I recognise that it might be subjudice to comment, but what the law is at present, it is deemed outside the traditional sentencing of a jail term or fine,” Baljit told Malaysiakini.

He added this would depend on mitigating factors, but due the nature of corruption cases, sentencing in the past have included imprisonment.

Baljit who is also a member of the Malaysian Bar criminal law committee, said it would now be up to Federal Court to decide on this, after considering the grounds of mitigation.

Khir was charged with receiving, for himself and his wife Zahrah Kechik, two plots of land at No 8 and 10, Jalan Suasa 7/11, Shah Alam, valued at RM3.5 million from the director of Ditamas Sdn Bhd, Shamsudin Hayroni.

Senior Umno-linked lawyer Muhammad Shafee Abdullah ( photo ) in his submission yesterday cited the Offenders Compulsory Attendance Act 1954, and disclosed that Khir was willing to give a written undertaking to give free dental care to poor folk, three days a week for two years, to replace the jail sentence.

This follows the Federal Court dismissing his appeal yesterday, and upholding the graft conviction of a public servant under Section 165 of the Penal Code.

Shafee also said Section 165 accorded the court to give a punishment of jail or a fine.

He proposed that should the court impose a fine sentence, it could order Khir to pay the balance amount of RM5.5 million, should the court decide that is the rightful valuation price, compared to the RM3.5 million paid by Khir.

The senior lawyer also submitted that Khir's Balinese mansion, which is the subject matter of the graft charge, not be forfeited as it is jointly owned by Khir's wife Zaharah Kechik, and that there is also amount of RM2.3 million owing to a bank.

The High Court and Court of Appeal in convicting Khir had sentenced him to 12 months' jail and ordered the property to be forfeited.