Sydney: Brisbane Supreme Court Justice has upheld an application by Indian-origin surgeon Dr Jayant Patel for legal particulars relied on by the Crown to be struck out ahead of a manslaughter trial that will begin in February.
Patel is due to stand trial for the alleged manslaughter of Mervyn Morris, 75, who died three weeks after the former Bundaberg Hospital surgeon operated on him in June, 2003.
Patel’s legal counsel on Wednesday urged Justice George Fryberg to strike out legal particulars outlining how the Crown planned to run its case, the Courier Mail reports.
According to the report, four separate sets of legal particulars have already been filed in the lead-up to trial, the latest on January 11 after Patel’s defence counsel successfully applied to have a third set struck out in December.
Justice Fryberg upheld Patel`s application on Friday afternoon.
He ordered certain paragraphs within the particulars filed by the Crown on January 11 be struck out and asked them to provide further information of Morris’ liver disease and history of heart disease prior to death, the report said.
Justice Fryberg urged Prosecutor Michael Byrne SC to provide the amended particulars in a timely manner.
On Wednesday, Barrister Paul Smith, for Patel, argued there were still problems with the fourth set of particulars that had been filed by the crown, including a lack of outline relating to the issue of causation.
Smith said the most recently filed particulars still failed to demonstrate a ````logical chain```` as to how Patel``s actions and duties may have caused the death
Patel is due to stand trial on February 6, the report added.