Aussie surgeon guilty of killing three patients

MICHELLE SMITH/Brisbane Times

LETHAL: Dr Jayant Patel arrives at court with supporters two days ago when he was found guilty of all charges by a jury, following his 14-week-long trial.

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Former Bundaberg Hospital surgeon Dr Jayant Patel has been found guilty of the manslaughter of three patients and the grievous bodily harm of a fourth patient.

The jury delivered its verdict in the Brisbane Supreme Court at 6.18pm, after seven days of deliberations in the 14-week-long case.

He was remanded in custody, to be sentenced on Thursday.

Dr Patel, dubbed Dr Death during the investigation into him following his lethal stint as chief of surgery at Bundaberg Base Hospital between 2003 and 2005, looked at the floor following the result.

Indian-born and US-trained Dr Patel, 60, had pleaded not guilty to the manslaughter of James Phillips, 46, Gerry Kemps, 77, and Mervyn Morris, 75, who died following surgery performed by him.

He had also pleaded not guilty to the grievous bodily harm of Ian Vowles, whose healthy bowel he removed in October 2004.

Dr Patel's trial - involving the evidence of 76 witnesses over 53 days, is believed to be the longest Supreme Court trial in Queensland's history.

During the case, which unravelled in Court 15 on the third floor of the Supreme Court building in George Street, Brisbane, the prosecution alleged Mr Phillips, Mr Kemps and Mr Morris would not have died but for Dr Patel's decision to operate.

The surgeries, oesophagectomies on both Mr Kemps and Mr Phillips, a major colon operation on Mr Morris and a operation to remove Mr Vowles healthy bowel were all "dangerous, unnecessary and inappropriate", the court heard.

The prosecution alleged the operations on the three deceased men should not have been done at Bundaberg as the facility did not have the resources to cope with such major surgeries.

Dr Patel also should have known, the prosecution argued, that he was not competent to perform oesophagectomies because he had been banned from doing so without first seeking a second opinion in Oregon, USA, where he worked before moving to Bundaberg.

The jury was told, Dr Patel had not performed any surgery in two years proceeding the beginning of his term at Bundaberg and it had been even longer since he had done any major operations.

But Dr Patel's barrister, Michael Byrne QC, told the jury Dr Patel had performed the surgeries for the benefit of his patients, all who wanted to be cured from their ill health.

Each surgery had been done with the patient's consent, he said.

He argued Dr Patel's conduct during the surgeries did not amount to criminal negligence and the jury should therefore find him not guilty of all charges.

Justice John Byrne, in his summing up last week, advised the jury the Oregon order did not affect Dr Patel's ability to practise as a surgeon in Queensland as the order only had bearing in the Oregon, not in Queensland.

However they could take the evidence of the order on board during their deliberations on the facts of the case - in particular whether Dr Patel should have had reason to reflect on any deficiencies in his ability to do such surgeries at Bundaberg.

On the first day of the trial Justice Byrne asked jurors to alert him if they felt they could not be impartial and "have an open mind" during the case.

In his summing-up this week, warned the jury not to consider anything they may have heard or read about Dr Patel outside the walls of the court.

He told jurors they alone were to decide the facts of the case, "based on the evidence, deciding what evidence you accept".

Following the verdicts, the 12 jurors of six men and six women were formally discharged.

Justice Byrne thanked them for their attention and dedication during the trial.

- Brisbane Times