07.05 pm, Wednesday February 10 2010

Crown fights Patel trial severance

16:11 AEST Tue Jun 16 2009
By Christine Flatley
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Jayant Patel
The crown will not oppose a judge-only trial for Jayant Patel if his two charges are heard together.

The crown will not oppose a judge-only trial for former Bundaberg surgeon Jayant Patel if his manslaughter and grievous bodily harm charges are heard together, a court has been told.

Crown prosecutor Ross Martin SC told the Supreme Court in Brisbane on Tuesday the mode of trial was an issue that should be determined before deciding whether to hear the three manslaughter and two grievous bodily harm charges separately.

The charges all relate to Patel's time as director of surgery at Bundaberg Base Hospital between 2003 and 2005.

Last month the crown agreed to allow Patel, 59, to face separate trials for the eight fraud and five health charges.

However, Mr Martin said on Tuesday that all health charges should be heard together as they demonstrate a pattern of conduct.

"There is a cohesiveness about this collection of offences that effectively makes them a series," Mr Martin said.

However, lawyers for Patel want the health charges heard individually to avoid any prejudice against their client.

They have not yet revealed whether they would be seeking judge only trials.

The crown indicated it would not oppose a trial without a jury if the health charges are heard together.

Patel was committed to stand trial after a three-week hearing in the Brisbane Magistrates Court in April.

The former surgeon, who is currently on strict bail conditions, was present in court during Tuesday's hearing.

His lawyers will make further written submissions on Wednesday.

Justice Peter Lyons indicated he would try to rule on whether to split the trials before the end of the week.

 
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