Dr. Death’ to face separate trials on chargesMay 25th, 2009 - 2:49 pm ICT by ANI
Brisbane (Australia), May 25 (ANI): Former Bundaberg Hospital surgeon Jayant Patel will face separate trials on fraud and manslaughter charges.
In a pre-trial review today the Crown agreed the eight fraud charges Dr Patel is facing should be heard at a separate trial from the three manslaughter and two grievous bodily harm charges he also faces.
However, a Supreme Court judge will have to decide whether the five non-fraud charges should also be heard in individual trials.
According to the Daily Telegraph, prosecutor Ross Martin told today’s hearing the Crown would not oppose a severing of fraud and other charges.
He said, however, the Crown believed the manslaughter and grievous bodily harm charges should remain “joined” for a trial.
Martin said defence lawyers had yet to indicate whether they would seek judge only trials for all or some of the charges.
He said there could be problems with the application to separate the manslaughter and grievous bodily harm charges, if the defence sought a judge only trial.
However, Michael Byrne QC said under the relevant section of law it would be irrelevant if the trials were judge only or jury.
He did not say if the defence had decided on whether to apply for judge only trials but he did indicate any application, if made, would be on the grounds of prejudice and unfairness.
Justice John Byrne said the matters had a public interest and it was important to get them before a court as soon as possible.
Dr Patel was committed to stand trial on the 13 counts in April. Patel, 59, who worked at the hospital between 2003 and 2005, faces charges of the manslaughter of James Phillips, Mervyn Morris and Gerardus Kemps. (ANI)
- Trial of `Dr. Death' Patel to be broadcast live to Bundaberg - Oct 15, 2009
- 'Dr. Death' Jayant Patel's trial to take less than 12 weeks - Jan 12, 2010
- Dr. 'Death' Patel manslaughter verdict may not survive appeal, warns judge - Jun 30, 2010
- 'Dr Death' Jayant Patel's lawyers lodge appeal in manslaughter case - Jul 15, 2010
- 'Dr. Death'Jayant Patel jailed for seven years - Jul 01, 2010
- 'Dr. Death' Patel was competent for oesophagectomy operations: Defence counsel - Jun 21, 2010
- 'Dr Death' Jayant Patel found guilty on all counts by jury in manslaughter case - Jun 29, 2010
- 'Dr. Death' may have been trying to 'redeem' himself via surgeries: Oz prosecutor - Jun 17, 2010
- Brisbane SC to hear Justice John before deciding on Dr. Death's fate - Jun 22, 2010
- Goalposts moved in Dr Death's manslaughter trial - Mar 02, 2011
- 'Dead patients of Indian-origin doctor consented to surgeries' - Jun 17, 2010
- Jury deliberates for fifth day on Patel manslaughter trial - Jun 27, 2010
- 'Dr. Death' Jayant Patel moved to new jail in Brisbane - Jul 05, 2010
- Oz prosecutor says `Dr. Death's' surgeries were 'out of the loop' - Jun 16, 2010
- Dr. Death's claim that dead patient's bowel was cancerous not true, says pathologist - Mar 30, 2010
Tags: brisbane australia, daily telegraph, defence lawyers, dr death, fraud charges, gerardus, grievous bodily harm, james phillips, john byrne, kemps, manslaughter charges, mervyn, michael byrne, prejudice, prosecutor, public interest, relevant section, ross martin, supreme court judge, unfairness