QLD:Jayant Patel loses appeal

AAP General News (Australia)
04-21-2011
QLD:Jayant Patel loses appeal

By Kym Agius and Christine Flatley

BRISBANE, April 21 AAP - Queensland's Court of Appeal has dismissed former Bundaberg
surgeon Jayant Patel's appeal against his seven-year sentence for manslaughter and causing
grievous bodily harm.

In July 2010 Patel was jailed for seven years after a jury found him guilty of the
manslaughter of Gerry Kemps, 77, James Phillips, 46, and Mervyn Morris, 75.

He was also found guilty of causing grievous bodily harm to Ian Rodney Vowles, 62.

The convictions relate to his time as a surgeon at Bundaberg Hospital between March
2003 and April 2005.

The court also dismissed the attorney-general's appeal calling for a tougher sentence
of more than 10 years.

Mr Vowles said he feared that Patel would get a lesser sentence.

"That was a possibility, I'm glad commonsense overruled," he told journalists in Bundaberg.

Patel caused grievous bodily harm to Mr Vowles when he "whipped out" his bowel during
an operation in October 2004, despite it not showing signs of cancer.

Mr Vowles said he'd suffered a range of complications after the bowel surgery - he
became impotent, had a livid scar, couldn't return to work for months and was forced into
early retirement, and had to use an ileostomy bag.

He said it's been a traumatic few years living with the repercussions of the operation
as well as during the trial.

"You don't know how much it's affected you until you go through the court case and
everything is finalised, it's a load off your mind," he said.

"(I feel) relief, happiness, it's just a good feeling that everything is finally over."

Gerry Kemps' wife, Judy, also spoke to the media in Bundaberg with Mr Vowles and Bundaberg
Hospital Patients' Support Group president Beryl Crosby.

During the trial the court was told Mr Kemps died after Patel performed an oesophagectomy.

The crown alleged Patel rushed into the surgery without proper planning, and then failed
to diagnose internal bleeding.

Ms Kemps let out a big "Yes!" when the judgment was handed down.

"I was happy with the result," she told reporters.

"Now I know everything is over, I have such peace of mind."

"He can't do it again, he can't go and do the same thing that he's done to our patients
here anywhere else."

The judgment came on Thursday seven weeks after Patel's legal team argued before Court
of Appeal judges that their client did not get a fair trial.

Ms Crosby said it was a tense time waiting for the appeal.

"It's very much relief, I mean everybody was a bit on tenterhooks," she said.

"We've had a harrowing time here over the years.

"It's always sweet when we win because we fought for so long."

Patel is still facing eight fraud charges over the ordeal.

AAP ka/crh/apm

KEYWORD: PATEL UPDATE

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