After doing wrong, do good

IF we somehow forget Dr Mohamed Khir Toyo’s eight years as Selangor Menteri Besar, we should at least remember him as the guy who inserted into public consciousness the idea of community service as a form of alternative sentencing in Malaysia.

On Tuesday, the outcome of his appeal case at the Federal Court was a top news item. And it’s not just because the five-man panel upheld his conviction by the High Court for corruption (or more specifically, for using his position to obtain two plots of land and a bungalow in Shah Alam eight years ago).

There was equal, if not more, attention on Dr Khir’s offer to serve the community so as to avoid spending time in prison. In December 2011, the Shah Alam High Court sentenced him to a year’s jail and the judge ordered that the land and bungalow be forfeited.

Leaning on the fact that he had practised as a dentist before becoming a fulltime politician, Dr Khir proposed that he provides free dental care to the poor in lieu of imprisonment. In other words, instead of possibly being subjected to body cavity searches while in jail, he wants to be a free man in search of cavities.

“My client is willing to conduct community service for at least three days a week for between one and two years in his own constituency or any part of Selangor,” said defence counsel Tan Sri Muhammad Shafee Abdullah. Dr Khir once held the Sungai Panjang state seat.

The Federal Court will decide on the sentencing on Tuesday. Whatever happens then, Dr Khir has made us more aware of the notion that wrongdoers in Malaysia can seek to repay society by performing community service as opposed to serving a prison term that burdens the Government.

A Star report on Thursday quoted legal experts as saying first-time offenders in certain cases can be released on probation and sentenced to community service instead of jail time. This is provided under the rarely-used Offenders Compulsory Attendance Act 1954.

What if this also applies to convicted corporate players? What sort of community service is suited for white-collar criminals in Malaysia? These questions aren’t that frivolous. There are examples overseas.

In October 2012, the the Federal District Court in Manhattan sentenced Rajat Gupta, the former McKinsey & Co boss, to two years in prison for insider trading-related offences.

Gupta’s lawyers requested that the court impose a sentence of probation with the condition that he performs “a rigorous full-time programme of community service”. The lawyers proposed two options: A fulltime assignment for a few years to an organisation that provides emergency shelter and other services for homeless, runaway and at-risk youth; or a trip to Rwanda to contribute towards improving the delivery of healthcare (focusing on HIV/AIDS and malaria) and agricultural development.

The judge didn’t like the plan. After losing a long legal battle, Gupta began his stay in prison in June last year.

But that shouldn’t discourage our corporate offenders, particularly the high-flyers from large companies, from trying to substitute jail time with social work. To help them, here are several services that they can offer to the needy:

> Swing lessons

We all know that golf pros earn lots of money. But this game is always seen as accessible only to the rich. It’s time we look for talent among the underprivileged. Given the time they spend on the greens, corporate personalities should use their money and golfing experience and skills to drive golf programmes for poor kids. The only drawback here is that the young ones may pick up the habit of cheating on their scores.

> “Am I right or am I right?”

Top executives are highly persuasive people. They climb the corporate ladder by selling ideas, products, services, proposals, deals and, of course, themselves. Many of them are great debaters. They can take a position and argue convincingly, even if they don’t quite believe a word they say. More of our schoolchildren need to pick up the art of debate. They can get ahead in life by being more articulate, quick-thinking and forceful in presenting views. Their debate coaches can be drawn from the pool of convicted CEOs and other senior managers.

> Reform and travel

Most corporate people are seasoned travellers. Some of them have often served as guides to VIPs (including board members) on overseas trips. With such experience and knowledge, these guys should volunteer to bring the underprivileged on holidays in nearby countries. Few things beat travel when it comes to enriching a person’s life.

> Mind your manners

Some corporate people make excellent etiquette instructors because they lead a jet setter’s life and constantly rub shoulders with the rich and famous. They know the dos and dont’s for just about any social setting. They can help teach the underprivileged to deal with tricky and potentially embarrassing situations such as picking the right time to drop balloons when there are VIPs nearby.

> Money makes more money

Often, people are poor because they’ve no clue how to make best use of their money. They need to acquire financial literacy and they can do with guidance from the experts as well. On the surface, white-collar criminals seem a poor choice to teach people on how to handle money, but let’s not dwell on their offences. If they’re eager to do community service, that shows remorse and a willingness to make up for past sins. Only question is, will anybody trust their advice?