11.20 pm, Thursday May 24 2012

Patel to seek High Court leave to appeal

17:23 AEDT Thu Feb 9 2012
Christine Flatley
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Lawyers for Jayant Patel will ask the High Court on Friday to hear an appeal against the rogue surgeon's manslaughter convictions.

Patel was sentenced to seven years' jail in July 2010 after a Brisbane Supreme Court jury found him guilty of manslaughter relating to the deaths of Gerry Kemps, 77, James Phillips, 46, and Mervyn Morris, 75, and guilty of causing grievous bodily harm to Ian Rodney Vowles, 62.

Patel was a surgeon at Bundaberg Base Hospital between March 2003 and April 2005 when the crimes occurred.

He took his case to the Court of Appeal in Brisbane early last year, where he sought to have his conviction overturned.

The appeal was dismissed, as was a cross-appeal by Queensland's attorney-general to have his sentence increased.

Patel's legal team has now travelled to Canberra, where they will appear on Friday to seek special leave to have an appeal heard before the full High Court at a later date.

The special leave application will be beamed to Brisbane via video link.

Patel's lawyers have previously indicated the appeal would partly focus on the argument that trial judge Justice John Byrne had incorrectly interpreted the legislation under which the crown ran its case.

Further details released last week reveal the appeal will also delve into whether Patel's decision to operate was criminally negligent, or whether the concept of negligence related only to mistakes he made during the surgeries.

The Queensland Court of Appeal has previously ruled Patel's decision to operate was so "grossly reprehensible" as to fall within the meaning of criminal negligence.

Patel is yet to face eight charges of fraud and attempted fraud in relation to allegations he lied to gain employment at the hospital.

The crown has previously indicated it will also proceed with a charge of grievous bodily harm relating to patient Darcy Russell Blight.

Patel is accused of removing a healthy gland from Mr Blight's neck.

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