"IT'S an insult." Those were the words of the father of the Southampton man two junior doctors were convicted of killing, after he found out they were back at work.

Amit Misra, 34, and Rajeev Srivastava, 38, were both given 18-month suspended jail sentences at Winchester Crown Court in May after being found guilty of the manslaughter through gross negligence of 31-year-old father-of-one Sean Phillips.

Judge Justice Gordon Langley gave the sentences on the understanding that neither of the men would practise medicine again.

The pair were senior house officers at Southampton General Hospital when medical company rep Sean, who lived in the city with his girlfriend Annabel Grant, 30, and their son, Mitchell, now six, died from an infection after a routine knee operation in June 2000.

At the time of the court case, Misra was living in Priestwood, Bracknell, and Srivastava gave his address as Dumfries Royal Infirmary, Dumfries.

After repeated calls to the General Medical Council (GMC), Sean's father Pat found that both doctors still had full registration, with Srivastava's registration even being renewed when it ran out after a committee found he was "of good character".

Mr Phillips, a magician and children's entertainer from Faversham, Kent, has since discovered Misra is a junior orthopaedic surgeon at Freeman Hospital in Newcastle upon Tyne, while Srivastava is now employed as a trainee in the Bio-Chemical Medicine Department at Dundee's Ninewells Hospital.

He said he was appalled by the news and is now beginning his fight for justice for his son once again.

Mr Phillips, 57, said: "Obviously I'm disappointed with the GMC for allowing this to happen. It's just absolutely disgusting.

"My son died, which was devastating for me and the family.

"The court handed down their suspended jail sentences and that was on the basis that their medical careers were over.

"They didn't go to prison, but then we find that they're working. I feel I haven't got justice for Sean."

Mr Phillips could not believe it when he was told by the GMC that Srivastava had his registration renewed because he was found to be of good character.

He is now applying for permission for a judicial review into the situation and said he would not be happy until both doctors had lost their right to practise medicine in the UK.

Mr Phillips added: "I don't give a damn about his character. What I'm concerned about is his medical competency and that's what the GMC should be concerned about.

"My poor son wasn't with us for Christmas, but they had their Christmas as they would have done any other year. It's an insult to my son if they're still practising. I feel that, until I've got that stopped, I haven't got justice for him."

A spokesman for the GMC said it was not possible to comment on individual cases, but added: "Both doctors have full registration and are considered fit to practise."