Indian-origin ‘Dr. Death’ Patel loses manslaughter appeal, to approach HC

April 21st, 2011 - 12:11 pm ICT by ANI  

Brisbane, Apr. 21 (ANI): A lawyer representing Indian-origin former Bundaberg surgeon Dr. Jayant Patel, has said her client will now approach the high court after losing a manslaughter appeal in a Court of Appeal here.

Dr. Patel has been convicted and sentenced for the manslaughter of three patients and for causing grievous bodily harm to a fourth man.

In a unanimous Court of Appeal decision in Brisbane this morning, an appeal launched by the Queensland Attorney-General to increase Patel’s seven-year sentence was also refused.

Patel, a.k.a. “Dr. Death” 60, was not present in court for the announcement, the Brisbane Times reports.

Outside court, his lawyer, Kerry Smith-Douglas, said her client would be disappointed and his legal team would discuss whether to launch a High Court appeal.

She said that she would be in touch with Patel, who is in the Arthur Gorrie Correctional Centre, to pass on the news.

“He’s going to be very disappointed, as I am. He’s holding up very well, he’s a strong character and a decent man,” said Smith-Douglas.

In a 60-page judgment handed down this morning, Court of Appeal judges ruled against both sides, saying Patel’s sentence was fair.

“In our view, the sentence imposed properly balances the exacerbating and mitigating features of this unique case. It was not manifestally excessive. The judge made no error,” they wrote.

In dismissing the Attorney General’s appeal, judges said they were not persuaded arguments had demonstrated any judicial error in the sentencing process.

Justices Margaret McMurdo, John Muir and Hugh Fraser said the case was “notorious” and been a difficult matter for the courts as there were no other cases quite like it.

Patel’s high-profile trial, involving the evidence of 76 witnesses over 53 days, is believed to be one of the longest in Queensland’s Supreme Court history. (ANI)

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