Patel found not guilty of manslaughter

Written By Unknown on Rabu, 13 Maret 2013 | 15.02

Jurors will continue deliberating on Wednesday in the manslaughter trial of ex-surgeon Jayant Patel. Source: AAP

A RELIEVED Jayant Patel has exchanged a bear hug with his barrister after learning of his acquittal over the death of a patient at Bundaberg Hospital.

At the end of a 23-day trial in the Supreme Court in Brisbane, a jury on Wednesday afternoon found the former surgeon's decision to operate on 75-year-old Mervyn Morris did not constitute criminal negligence amounting to manslaughter.

Patel had been accused of causing Mr Morris's death after he removed part of his colon in an attempt to address rectal bleeding in 2003.

However, his defence team successfully argued Patel had an "honest and reasonable belief" the operation was necessary, and that his actions were supported by a number of expert witnesses.

This is the second time Patel has stood trial for the manslaughter of Mr Morris.

He was convicted in June 2010 of killing Mr Morris and two other patients, and was also found guilty of the grievous bodily harm of Ian Vowles.

Patel was sentenced to seven years' jail.

However, his convictions were overturned by the High Court in August last year and separate retrials were ordered.

Patel walked from court on Wednesday with his head held high, but remains on bail for the other charges.

Prosecutor David Meredith said in court the crown would still proceed with "some matters" but would not indicate which ones.

Outside court, defence barrister Ken Fleming QC said there would be a submission to the crown in the near future that the charges be dropped.

Attorney-General Jarrod Bleijie refused to comment on the verdict but said Director of Public Prosecutions Tony Moynihan was working on a "course of action" in relation to the other matters.

Mr Fleming, who did not allow Patel to speak, said his client was "very happy" with the verdict, and that he felt justice had been done.

"The evidence was there, and the jury acted responsibly as well," he said.

"I think it was a very intelligent jury and they worked very hard."

Patel will face court again on Friday for a mention.


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