Media Statement (2) by Lim Kit Siang in Parliament on Friday, 1^st February 2008:

Why Ong Ka Ting, as Acting Health Minister, allowed the Director-General of Health to add insult to injury in the jailing of the first doctor under the PHFSA with the callous and heartless comment that Dr. Basmullah preferred going to jail than paying fine?

The comment by the Director-General of Health Tan Sri Dr. Ismail Merican that Dr. Basmullah Yusom, the first doctor to be jailed under the Private Healthcare Facilities and Services Act 1998 preferred jail to paying the RM120,000 fine in instalments is most inconsiderate, callous, heartless and totally unbecoming of a top civil servant.

New Straits Times today quoted Dr. Ismail as saying that Dr. Basmullah “declined the Health Ministry’s offer to stay out of jail”.

He said the offer was made to the doctor by the ministry’s prosecuting officer.

Dr. Ismail said: “It's not that we do not care for doctors or are unsympathetic to them."

If Dr. Ismail really “care” or sympathetic to doctors, how could he use language which is so inconsiderate, callous and heartless?

From Dr. Ismail’s account, it would appear that Dr. Basmullah is a pervert who prefers to go to jail instead of enjoying his personal freedom outside prison!

Dr. Ismail went on to say that if Dr. Basmullah feels he has been harshly sentenced by the Sessions Court, he has the right to appeal to a higher court.

I am just shocked and outraged beyond belief that even up till now, Dr. Ismail does not see or accept that Dr. Basmullah just do not have the means to hire counsel to appeal against the sentence of RM120, 000 fine or three months’ jail – when he had not been able to afford the expenses to retain counsel to represent him at the Sessions Court or to take up the “offer” to pay the hefty RM120, 000 fine by instalments.

This is why Dr. Basmullah is in jail in Kajang Prison for the past two weeks – creating outrage to the extent that a online “Don’t Jail Doctors Blog Campaign” has been launched.

Many are asking why is the system of justice in Malaysia is so perverted that a doctor could be jailed for not registering his clinic although he has the annual practicing certificate of a medical practitioner, while criminals whether the corrupt or those guilty of heinous crimes can get away scot-free, moving freely in society!

Let me tell Dr. Ismail that nobody “prefers” or enjoys going to jail unless forced by unavoidable financial straits – and he had made a most inconsiderate, callous and heartless statement for which he should be thoroughly ashamed and should have the humility to publicly withdraw and apologise.

I want to ask the Acting Health Minister, Datuk Seri Ong Ka Ting why he allowed the Director-General of Health to add insult to injury in the jailing of the first doctor under the PHFSA with the callous and heartless comment that Dr. Basmullah preferred going to jail than paying fine.

Furthermore, as Acting Health Minister, what is he doing to mitigate the breach of promise by the former Health Minister and the Director-General of Health that doctors will not be criminalized or jailed until the PHFSA had been amended as well the gross injustice of the three-month jail sentence passed on Dr. Basmullah?

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* Lim Kit Siang, Parliamentary Opposition Leader, MP for Ipoh Timur & DAP Central Policy and Strategic Planning Commission Chairman