Convicted surgeon Jayant Patel.
Convicted surgeon Jayant Patel.

High Court upholds Patel's appeal

BREAKING: The High Court upholds Bundaberg surgeon Jayant Patel's appeal to have his convictions quashed and ordered a new trial.

The court found unanimously that a miscarriage of justice had occurred because, on the 43rd day of a 58-day trial, the prosecution radically changed its case in a way that rendered irrelevant much of the evidence that had been admitted.

Patel was sentenced to seven years' jail after a Supreme Court jury found him guilty in 2010 of the manslaughter of three patients he operated on and causing grievous bodily harm to another.

The deaths occurred while he was working at Bundaberg Hospital between 2003 and 2005.

Patel failed in the Court of Appeal, but the High Court granted special leave in February to hear the case.

During the hearing in June, Patel's barrister Liam Kelly argued the convictions should be quashed because the case was tried under the wrong section of Queensland's Criminal Code and there had been many errors during the trial.

But Solicitor-General Walter Sofronoff, for the Crown, told the High Court justices the suggestions of unfairness were not founded.

He said the Crown case was not confusing as Patel's legal team had argued.

Read the court judgement in full here.


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