Jury retires to deliberate on Patel manslaughter trial
By ANIWednesday, June 23, 2010
Brisbane, June 23 (ANI): The jury involved in the manslaughter trial of controversial Indian origin surgeon Dr. Jayant Patel has begun its deliberations after Justice John Byrne spent four hours summing up the trial.
The trial is in its 14th week and has sat for 53 days during which 76 witnesses have given evidence.
According to the Courier Mail, Patel, 60, has pleaded not guilty to the manslaughter of Gerry Kemps, 77, James Phillips, 46, and Mervyn Morris, 75, and causing grievous bodily harm to Ian Rodney Vowles, 62, on various dates between March 2003 and April 2005.
Kemps and Phillips died after oesophagectomy surgery, Morris died after a major colon opeartion and Vowles allegedly wrongly had his bowel removed.
Justice Byrne had told the jury the case was not “about botched surgery” but Patel’s judgment in performing operations which left three men dead and another with grievous bodily harm.
The prosecution had a burden of proof to show beyond reasonable doubt Patel did not have reasonable skill or care in administering surgical treatment.
Justice Byrne said the crown also had to show Patel’s decision to perform the surgery was such a great falling short of the standard being expected he should be punished as a criminal. (ANI)
