Thursday, August 23, 2012

Australia court grants bail, retrial for US surgeon Jayant Patel, who was jailed for manslaughter - AAP

FORMER Queensland surgeon Jayant Patel has been granted bail.

He could be a free man as soon as Friday night after his bail application was not opposed by the crown.

Dr Patel will be released from jail under the same conditions that were imposed in July 2008, when he was granted bail upon his return to Australia from the US. This includes the provision of a $20,000 surety.

The application follows the High Court's decision to order a new trial on manslaughter charges over the deaths of three patients.

The court found there had been a substantial miscarriage of justice during his original trial in early 2010.

Outside court, lawyer Arun Raniga said he had spoken briefly to Dr Patel, who was happy with the High Court decision.

However, he was not sure when his client would be released from prison, because the Department of Corrective Services had to process the necessary paperwork.

Mr Raniga said he had not yet received confirmation from the Director of Public Prosecutions that they would be pursuing the charges again in a new trial.

But he believed Patel could run a successful defence if that should happen.

"We are confident but it's a long way down the track," he told reporters.

"It's traumatic and it's unfortunate that we have to go through it again but that's the justice system, and the High Court gave its ruling and we start again."

The DPP's office said no decision had been made on a retrial yet.

"The director will carefully consider the judgment of the High Court of Australia before making any decision concerning the retrial of Mr Patel," it said.

"As the matter is still before the court it is inappropriate for the director to make any further comment at this point in time."