In asking the medical fraternity not to blame him for the jailing of Dr. Basmullah Yusom who failed to register his clinic under the Private Healthcare Facilities and Services Act (PHFSA) 1998, former Health Minister, Datuk Seri Dr. Chua Soi Lek is guilty of a grave injustice to Dr. Baharom.
Chua said the PHFSA was never intended to criminalize doctors. He said PHFSA, which came into force on May 1, 2006 when he was Health Minister, was intended to weed out bogus doctors who posed a threat to public health and safety.
Now that a qualified doctor, who has an annual practicing certificate issued by the Malaysian Medical Council has been criminalized and sentenced to three months jail for his inability to pay RM120,000 fine, why has Chua failed to speak up firstly, to admit that the enforcement of the PHFSA should be suspended until there is iron-clad guarantee that there would not be another case of criminalizing of a doctor like that of Dr. Basmullah; and secondly, that it is grossly unjust for Dr. Basmullah to spend another day in jail.
Dr. Basmullah has been jailed for 16 days which is equivalent to paying a fine of over RM21,000 – which is already too hefty a fine for a technical offence committed by Dr. Basmullah.
Is Chua prepared to publicly state that as Dr. Basmullah has paid an equivalent of over RM21,000 fine in serving 16 day’s jail sentence, justice demand that he be released immediately without any extra day in Kajang Prison?
I am very disappointed that for more than two weeks, there has been deafening silence from the Acting Health Minister, Datuk Seri Ong Ka Ting on the Dr. Basmullah case – whether he is utterly indifferent about the sufferings imposed on the father of eight or whether he is totally lost as to how to rectify the injustice suffered by Dr. Basmullah.
The least Chua should do is to phone up Ong to do justice to Dr. Basmullah, by asking the Attorney-General Tan Sri Gani Patail to invoke his revisionary powers by applying to the court to vary the sentence imposed on Dr. Basmullah to less than RM21,000 fine, which would mean that Dr. Basmullah would be able to walk out as a free man from Kajang Prison immediately.