Rogue surgeon Jayant Patel will know next month whether the High Court will hear an appeal against his manslaughter convictions.
His lawyers will appear in Canberra on February 10 to seek special leave to have the matter heard before the full High Court at a later date.
The special leave application will be beamed to Brisbane via video-link.
Patel’s legal team indicated in May last year they would take the matter to the High Court.
They 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.
Patel was sentenced to seven years’ jail in July 2010 after a Queensland Supreme Court jury found him guilty of manslaughter relating to the deaths of Gerry Kemps, 77, James Phillips, 46, and Mervyn Morris, 75, as well as 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.
Patel took his case to the Court of Appeal in Brisbane early last year, where he sought to have his conviction overturned.
But the appeal was dismissed, as was a cross-appeal by Queensland’s attorney-general to have his sentence increased.
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 also indicated it will 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.
Related posts:
Views: 0