Together with DAP MP for Ipoh Barat, M. Kulasegaran, I visited the Kajang Prison and the authorities have confirmed that Dr. Basmullah Yusom is serving three-month jail term for failing to pay RM120,000 fine for operating a clinic without registering it under the Private Health Facilities and Services Act (PHFSA) 1998.
Every day of jail by Dr. Basmullah is equivalent to paying RM1,333 of the fine. He has been jailed for 12 days or equivalent to paying RM15,996 of the RM120,000 fine!
We were unable to see Dr. Basmullah and will try to contact his family members to see how we can be of help to ensure that he could be speedily freed from jail.
I find it most regrettable that there has been no response from the Attorney-General Tan Sri Gani Patail in the past three days to my appeal for his intervention by invoking his revisionary powers to call up the case to quash the most unfair and unjust three-month jail sentence – the first doctor to be jailed under the PHFSA despite assurances by both the Health Minister and Director-General of Health Services that private practitioners would not be jailed over a technicality.
Why is the Acting Health Minister, Datuk Seri Ong Ka Ting keeping quiet about this gross injustice in the implementation of the PHFSA?
A “Don’t Jail Doctors Blog Campaign” has been launched by medical practitioners on the Internet.
The Malaysian public demand a response from the Acting Health Minister as to what he is doing to end such injustice by getting Dr. Busmallah out of jail without any delay – as Dr. Basmullah, a Universiti Sains Malaysia-trained doctor and a father of eight children, should not be spending time in Kajang Prison at all.
#1 by malaysia_mana_boleh on Wednesday, 30 January 2008 - 1:42 pm
Criminals are roaming freely in the city while legitimate doctors are sitting in jail.
What kind of country is this?
#2 by malaysia_mana_boleh on Wednesday, 30 January 2008 - 1:44 pm
Corrupt politicians and policemen are the ones who should be in jail.
Ooppss we cant do that coz we do not have enough jail to support them.
#3 by yyh on Wednesday, 30 January 2008 - 1:49 pm
think it will be more useful by putting this peititon online. of course, have this posted on popular blogs such as rocky and jeff to let the general public knows.
sorry doc, you are just easy meat for them. if you were a member of coalition parties in BN, you wold have probably get away with it. but, thats BN for you.
#4 by gofortruth on Wednesday, 30 January 2008 - 1:55 pm
This is absolutely crazy! Another “bulldozer” mentality.
#5 by dranony on Wednesday, 30 January 2008 - 1:56 pm
Not a single bogus doctor has been convicted under the PHFSA,
but a real doctor, with a valid Annual Practising Certificate,
has been convicted and incarcerated in jail!
For crying out loud, Dr Basmullah’s valid APC, which bears the address of practice as that for which he had been convicted for not registering, can be viewed online for the public, to check that he is a real doctor, and that the address of practice had actually been registered with the Malaysian Medical Council!
That alone is proof that he is NOT a bogus doctor, nor his clinic a bogus clinic!
Click here for:
Dr Basmullah’s 2007 APC registration with MMC.
#6 by ktteokt on Wednesday, 30 January 2008 - 2:17 pm
BN government only knows how to take advantage and bully “crabs without claws”!!!
#7 by budak on Wednesday, 30 January 2008 - 2:29 pm
BN and its Cronies are busy doing last minute packing now…
they better buy few more branded luggage to contain RAKYAT blood and sweat $$$ before 12th GE… :-)
so where got time to listen to RAKYAT and attend the RCI…! quickily run home to do packing and arranging flights out of BolehLand…
#8 by madmix on Wednesday, 30 January 2008 - 2:58 pm
The sad thing is that the doctor may be struck off the MMC register when he is released as he has been convicted of a “crime” that attracts a fine of more than RM2000. We should appeal to the good sense of the DG to allow him to continue to practice and not punish him further.
#9 by boh-liao on Wednesday, 30 January 2008 - 3:11 pm
“Why is the Acting Health Minister, Datuk Seri Ong Ka Ting keeping quiet?” Where is he?
Answer:
The Acting Health Minister is in his counting house,
counting out his money.
(Adapted from “Sing a Song of Sixpence”)
#10 by tidaknama on Wednesday, 30 January 2008 - 3:51 pm
It’s bad enough that Government doctors are underpaid, now they make it harder for doctors to leave for the private sector as a GP. Not all doctors are rich, making it as a GP now a days is very tough with competition from pharmacies and other group practice clinics. This doctor is not doing well, but does not deserve to be jailed. What about his 8 children?
No wonder doctors in Malaysia are leaving in droves, this is exactly what we hate, being treated like dirt here in Malaysia.
#11 by Cinaputera on Wednesday, 30 January 2008 - 3:55 pm
What can you expect from this ongkagoodfornothing do? He’s just warming the MOH seat so that his brother can take over after the GE. A vote for MCA is a vote to doom.
#12 by EggNoodles on Wednesday, 30 January 2008 - 3:56 pm
What are people who operate illegal karaoke lounges or illegal cybercafes (gambling dens) not sent to jail?
#13 by EggNoodles on Wednesday, 30 January 2008 - 3:58 pm
Why are people who operate illegal karaoke lounges or illegal cybercafes (gambling dens) not sent to jail?
#14 by Taikor on Wednesday, 30 January 2008 - 4:16 pm
These idiots are driving doctors OUT of the country!
#15 by tidaknama on Wednesday, 30 January 2008 - 4:21 pm
What about those Sinsehs and Bomohs who rape their victims? What of those who take the life savings of those with cancer with the promise of miracle cures? All these people are happily walking around while this honest doctor is thrown in jail!
#16 by raven77 on Wednesday, 30 January 2008 - 4:33 pm
After 50 years this what we have degenerated to…..jailing of a registered doctor on a technicality….even Dr. Hanif from Bangalore India was treated fairly eventually by Australian courts for his alleged role in the Glasgow bombings…..moral of the story for doctors in Malaysia…..get out while you can…..
#17 by cheng on soo on Wednesday, 30 January 2008 - 6:07 pm
Like that, more doctors may emigrate, then doctor shortage get more serious??
Doctors get more insurance so that they can pay 6 figure fine, patient pay more lah??
A fine of say not exceeding RM9K (6 yrs register fees) should be enaf lah!
A fine of RM120K (80 yrs regi. fees), sheer craziness!
#18 by Chong Zhemin on Wednesday, 30 January 2008 - 7:44 pm
it’s really bad to hear this. Totally wrong focus, criminals are walking freely on the streets while professionals are jailed. There is something terribly wrong with this country~
#19 by BlackEye on Wednesday, 30 January 2008 - 9:26 pm
Something is not right.
Today we have senior lawyers corrupting the legal process and lawyers being disbarred. As if that is not bad enough we now have doctors who are struggling to survive and riding motorcycles and spending jail time for technical offences. Soon you see lawyers and doctors riding buses to commence work in their privately owned firms and clinics.
#20 by shortie kiasu on Wednesday, 30 January 2008 - 9:31 pm
The acting Health Minister knows next to nut about health and the running of healthcare matters in the country. He is there to warm the seat and collects the additional salary and perks therein.
#21 by DarkHorse on Wednesday, 30 January 2008 - 9:34 pm
“Soon you see lawyers and doctors riding buses to commence work in their privately owned firms and clinics.”
With struggling lawyers and doctors how are we going to trust the system anymore??
#22 by aiD_kamikuP on Wednesday, 30 January 2008 - 9:58 pm
January’s flavour of the month is ‘doctor’. Started and ended the month with doctors at the wrong end of the stick.
Will February’s flavour of the month be ‘lawyer’?
#23 by raven77 on Wednesday, 30 January 2008 - 10:25 pm
Wonder which is the bigger offence…….not registering a clinic or oral sex…..
#24 by limkamput on Thursday, 31 January 2008 - 12:00 am
malaysia_mana_boleh Says: What kind of country is this?
This kind of country is called bolehland, nurtured and supported by Malaysians for the last 50 years.
Raven,
it depends whether you get caught and charged or not. Get caught, no charge, no office lah.
#25 by dranony on Thursday, 31 January 2008 - 8:06 am
The stated aim of the PHFSA1998 was to weed out bogus doctors and bogus clinics. That was a good aim and an honorable aim.
Nevertheless, the powers given to the Minister and DG were inordinately large.
Doctors had trusted that the Minister and DG would be honorable people and use those inordinately huge powers in good faith, to punish bogus doctors and get rid of bogus clinics.
When the Act was first implemented, there were concerns with the addition of petty Regulations, introduced 24Mar2006, which were very petty in nature. Non-compliance with these petty regulations (incldg direction the toilet door swings, width of doors, ceiling heights, emergency medical equipment of disputed efficacy) would cause doctors to fear that they would fail registration.
Doctors protested, but were chided by the Minister, who reminded doctors again that the aim of the PHFSA was to weed out bogus doctors and bogus clinics.
Until today, NOT a single bogus doctor had been convicted, despite many being detected and announced so by the Minister himself in the media!
Now, a REAL doctor has been convicted and jailed!
That would show up the Minister and DG as being liars, and being less than honorable people officials, and violating the original aim of the PHFSA1998!
#26 by megaman on Thursday, 31 January 2008 - 11:40 am
Someone hast to be the scapegoat I guess …
PHFSA is clearly a ‘blackmail’ scheme to ‘screw’ the docs …
Basically, MOH is unofficially and implicitly saying either u docs pay up and u abandon ur private practices and go back to serve in either public or private hospitals.
One method to resolve the problem of shortage of doctors in hospitals especially government hospitals although this seems a rather drastic measure.
Well, what do you expect from a bunch of ali baba and the forty thieves ?
#27 by laifoong on Friday, 1 February 2008 - 1:39 am
“Wonder which is the bigger offence…….not registering a clinic or oral sex…..”
What’s wrong with oral sex??…yum…yum