Former Selangor menteri besar Dr Mohd Khir Toyo, who has been convicted and sentenced to a year’s jail for corruption yesterday, is expected to lose more than his pension, as his practising license is likely to revoked.

Medical practitioners and dentists will lose their licence upon conviction of an offence, and hence any chance of the former Selangor menteri besar providing remitting community service for free may not be not feasible, a senior lawyer said.

Baljit Singh Sidhu said this is stipulated under Section 19 of the Medical Act 1971 and the Dental Act 1971 as well, where upon conviction of an offence, a doctor or a dentist loses his practising licence.

“Hence, the proposal to remit community service by giving free dental service to the poor in replace of a custodial sentence is not right,” Baljit ( photo ), who is also a member of the Malaysian Bar criminal law committee, told Malaysiakini .

Section 19 of the Medical Act under restriction on registration stipulates if any person applying for provisional or full registration has:

(a) at any time been found guilty of an offence involving fraud, dishonesty or moral turpitude or an offence punishable with imprisonment (whether in itself only or in addition to or in lieu of a fine) for a term of two years or upward;

(b) after due inquiry by the Council, has been found by it to have been guilty of infamous conduct in any professional respect or to be otherwise not of good fame and character; or

(c) after due inquiry by a medical review panel, which shall consist of not less than three medical practitioners appointed by the Council, been found to be unfit to perform his professional duties by reason of his mental or physical condition,

The Council may direct the Registrar not to enter the name of such person upon the Register.

The Registrar shall forthwith give the person concerned notice in writing of such direction by the Council not to enter such person’s name upon the Register.

Upon any inquiry under paragraph (1), the applicant shall be entitled to appear before the Council and be heard personally or by advocate and solicitor.

Baljit said the provision is there to ensure the respectability of the medical profession and the proposal made by the defence team of Khir (on the left) was certainly 'a non-starter'.

Khir's lead counsel had proposed that Khir be given an undertaking to give free dental service for a period of two years as a substitute for the jail sentence.

However, the Federal Court in sentencing Khir yesterday ordered him to serve a custodial sentence of 12 months in prison and also ruled that the two plots of land, which are the subject matter of the charge, be forfeited subject to the bank charge.

Consistent with previous precedent

Khir, who was menteri besar from 2000 to 2008, was found guilty by the apex court last week 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.

The offence was committed at the official residence of the Selangor menteri besar on May 29, 2007. Khir was charged under Section 165 of the Penal Code for gratification by a public servant, which carries a maximum of two years' jail or a fine or both.

He was first charged in 2010 and the High Court in Shah Alam found him guilty in 2011 and its decision was upheld by the Court of Appeal in 2013, and affirmed yesterday by the Federal Court.

Hailing the decision by the Federal Court to jail Khir, Baljit further said this was consistent with precedent cases related to graft.

He said a person is sentenced to prison for committing corruption for a stipulated time and hence, the sentence on Khir was consistent with past cases related to corruption.

Not only that, with the conviction affirmed, Khir's name is also expected to also be placed in the Malaysian Anti-Corruption Commission’s shame list of offenders.