Triumph for Patel but ordeal continues

ACQUITTED: Jayant Patel leaves court with his legal team after being found not guilty of manslaughter. Picture: Liam Kidston Source: The Courier-Mail

JAYANT Patel will be back in court tomorrow despite a stunning acquittal of unlawfully killing a patient.

It has been a long road to vindication for the former director of surgery at Bundaberg Hospital, but a Supreme Court jury's decision to acquit him of manslaughter over the death of Mervyn John Morris, 75, is a major victory.

Yesterday's verdict is the culmination of more than five years' fighting for justice in Queensland's legal system. Patel (pictured with Ken Fleming QC) was charged with patient deaths in 2006; found guilty in a 14-week long Supreme Court trial in March 2010 and had the convictions sensationally quashed by the High Court in August 2012.

But Patel is back in the Supreme Court tomorrow on manslaughter charges related to patients Gerry Kemps, 77, and James Phillips, 46.

He is also charged with causing grievous bodily harm to Ian Rodney Vowles and Darcy Blight, as well as seven counts of fraud plus attempted fraud at Bundaberg between December 2002 and April 2005.

Patel's acquittal after the first re-trial is a major blow to Queensland's Director of Public Prosecutions Tony Moynihan.

Senior DPP insiders last night told The Courier-Mail Mr Moynihan was expected to proceed with all outstanding charges against Patel.

He remained tight-lipped about his position last night, releasing a two-line statement.

"There are matters still before the court," it said. "It is not appropriate for the Director to say anything before the matter is next mentioned in court."

Jayant Patel leaving court after being found not guilty of manslaughter. Picture: Liam Kidston

But, Mr Moynihan's staff believed it was a "fait accompli" that all charges would proceed to trial.

"There is no doubt he (the DPP) will proceed with the lot of them," one prosecutor said. "Of course he will."

But criminal law specialist Bill Potts said pursuing further charges was "a waste of tax-payer money".

"The prosecution would have spent millions of dollars on this," he said.

"With respect to the prosecution, they obviously had very senior lawyers such as Peter Davis SC and they've given it a red-hot go, but at some point the emotions of the victims and their families have got to meet common sense."

Prosecutor David Meredith yesterday told Justice George Fryberg a "decision had been made" regarding which outstanding charges would proceed.

"The decision has been made that some other matters will be proceeded with," he said. "It would have to be remitted to the Supreme Court so it could be mentioned before any action is taken."

Patel cut a lonely figure as he walked from the Brisbane Supreme Court yesterday - aside from his legal counsel Arun Raniga, silk Ken Fleming QC and barrister Kylie Hillard - after wife Kishoree, a respected surgeon, returned to work in the US in late February.

Jayant Patel leaving court after being found not guilty of manslaughter. Picture: Liam Kidston

Outside court, Mr Fleming said "justice had been done" both for his client and "the people of Bundaberg".

"It has been long and hard but the evidence was there and the jury acted responsibly and well. They worked very hard," he said.

"Jayant Patel is very happy with the result ... but we can say this, Dr Patel is his own best advocate."

Mr Morris' wife May Morris and daughter Colleen Milne had been seated in the back row of the public gallery for four weeks before they decided to return to their home in NSW on Saturday.

Neither woman was in court when the jury returned its verdict.

Patient advocate Beryl Crosby said she felt for Mr Morris's family.

"My heart goes out to the family of Mervyn Morris and to what they must be feeling right now," she said.

"Obviously this is a devastating blow for everybody. I don't blame the jury, they reached a verdict on the evidence. Everybody is just in shock."

Kishoree Patel, at home in Portland, said she was aware of the verdict but declined to share her reaction.

"No, I'm right now busy, I'm sorry about that," she said.

A former patient of Patel, Linda Parsons said the verdict left her feeling that a seven-year pursuit of justice, all-consuming for patients and their families, was in vain.

"It feels like everything everybody's gone through, losing their loved ones ... (and) there's no one to blame," she said. "I think that's what hurts more than anything."

Queensland Attorney-General Jarrod Bleijie declined to comment about the decision, except to say it was now up to Mr Moynihan to determine the "next course of action in relation to outstanding charges".

Patel will still be the subject of strict bail conditions - including that he continue to reside in Brisbane, report to police and provide a surety.

Barrister Ken Fleming requested Patel's bail be varied, a move not opposed by the Crown. Mr Fleming asked that Patel only be required to report to police once a week, rather than three, and that he provide a lesser surety.

Justice Fryberg asked the details of the agreed variations be provided to him for his approval.

The final cost of Patel's trial to the Queensland taxpayer has yet to be established, but is likely to be in the millions.

The costs include the five weeks use of a Supreme Court, a senior judge, the cost of the DPP briefing out its case to be led by leading silk Peter Davis, allocation of one of the DPP's own in-house counsels in David Meredith and the numerous pre-trial hearings.

Patel's successful defence, on the other hand, was conducted on a shoestring budget - with barristers Ken Fleming, QC, and Paul Smith (now a District Court judge) and solicitor Arun Raninga offering their expertise for almost no cost.

It is understood the defence team provided their services pro-bono but may seek to be compensated via the Appeal Costs Fund.

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