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|Comment from this web site - Jayant Patel may
be re-retried. Hopefully he won't get off scot free and
hopefully Kaiser Permanente will not rehire him in the United States.
For historical purposes this article has been mirrored her from: http://www.brisbanetimes.com.au/queensland/freed-patel-awaits-decision-on-new-trial-20120824-24qj0.html
Freed Patel awaits decision on new trial
Former Queensland surgeon Jayant Patel has been released from prison after he was granted bail ahead of an
The High Court yesterday quashed the convictions of the man nicknamed Doctor Death by the Australian media.
Dr Patel was convicted in 2010 of three counts of
manslaughter and one count of grievous bodily harm over operations
But the High
Court yesterday ruled that a miscarriage of justice had
occurred on the 43rd day of Patel's 58-day trial,
The court ordered Dr Patel’s convictions and seven-year jail sentence be set aside.
It will be up to Queensland Director of Public Prosecutions Tony
Moynihan whether to embark on a new trial. A
In a bail hearing before Justice Martin Daubney at the Supreme Court, the DPP did not oppose bail.
Dr Patel's defence team argued the bail conditions were "exactly
the same" as the conditions he faced while on trial
Under his bail conditions, Dr Patel will have to report to police
three times a week, must not contact any witnesses,
Dr Patel's passport remains in the possession of justice authorities.
Speaking outside court, Defence lawyer Arun Raniga said Dr Patel
had heard about the High Court verdict while
Mr Raniga said he had had a short conversation with Dr Patel since the decision was handed down.
‘‘He was emotional at the news,’’ he said.
Mr Raniga said he had not yet been told whether Queensland
authorities would pursue a retrial, but he was confident
‘‘We are confident [but] that’s a long way down the track,’’ he said.
Mr Raniga described as ‘‘unfortunate’’ the prospect of Bundaberg Hospital patients having to go through the trial again.
He said Dr Patel’s wife lived in the United States and he had no family in Brisbane.
Indian-born and US-trained Dr Patel, 62, had pleaded not guilty in
2010 to the manslaughter of James Phillips, 46,
He had also pleaded not guilty to the grievous bodily harm of Ian Vowles, whose bowel he removed in October 2004.
Reviewing the original trial, the High Court bench found that the
Crown case against the surgeon originally focused
However on the 43rd day of the trial, the High Court found,
prosecutors changed the scope of their case, narrowing
This occurred after it became apparent that the surgeries "had
in fact been performed competently enough", the
It ruled that evidence the prosecution had introduced about the
surgeries and post-operative care before it
At the time, trial judge Justice John Byrne told the jury: "It
is critical to appreciate that this trial is not about botched
"It is not how the [appellant] performed surgery that matters in these four cases.
"What matters is his judgment in deciding to commend the
surgery to a patient and, having obtained patient's
However, the High Court ruled the "prejudicial effect on the
jury was not overcome” and “a substantial miscarriage
Dr Patel was extradited to Queensland from Oregon in 2008, after he was allegedly linked to 17 patient deaths.
He faced manslaughter charges relating to three of them:
oesophagectomies on both Mr Kemps and Mr Phillips,
After being convicted in 2010, Dr Patel immediately appealed to
the Court of Appeal of the Queensland Supreme
That judgment was yesterday overruled, along with the original guilty verdicts.
- Amy Remeikis, Daniel Hurst and Cameron Atfield