Judge-only trial if Patel charges heard together: Prosecution

The prosecution will not oppose a judge-only trial for surgeon Jayant Patel if all charges against him were heard together. He is accused of manslaughter and causing grievous bodily harm.

The prosecution will not oppose a judge-only trial for India-born American surgeon Jayant Patel,accused of manslaughter and causing grievous bodily harm,if all charges against him were heard together,a court has been told.

Crown prosecutor Ross Martin told the Supreme Court in Brisbane that the mode of trial was an issue that should be determined before deciding whether to hear the three manslaughter and two grievous bodily harm charges separately.

Last month,prosecution had agreed for separate trials for Patel for eight frauds and five health charges. But Martin argued that all health charges should be heard together as they demonstrate a pattern of conduct.

8220;There is a cohesiveness about this collection of offences that effectively makes them a series,8221; Martin was quoted as saying in the 8216;Brisbane times8217; on Wednesday.

Dubbed as 8216;Dr. Death8217; by the Australian media,Patel8217;s lawyers have asked for health charges to be heard individually to avoid any prejudice against the doctor and have not yet revealed whether they would be seeking judge only trials.

The crown indicated it would not oppose a trial without a jury if the health charges are heard together. The charges relate to Patel8217;s time as director of surgery at Bundaberg Base Hospital between 2003 and 2005.

Justice Peter Lyons indicated he would try to rule on whether to split the trials this week.

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The 59-year-old was committed to stand trial after a three-week hearing in Brisbane Magistrates Court.

The former surgeon,who is currently on strict bail conditions,was present in court during Tuesdays hearing.

The doctor was extradited from the US in July,2008,to face charges of medical negligence leading to the death of 17 patients between 2003 and 2005,during which he is accused to have botched several cases.