ID :
130883
Thu, 07/01/2010 - 23:37
Auther :

Patel jailed for seven years

The surgeon dubbed Dr Death could walk free in as little as three and a half years,
sparking despair among some patients who suffered at his hands.
Former Bundaberg surgeon Jayant Patel was sentenced on Thursday to seven years' jail
for killing three patients and permanently injuring a fourth.
Brisbane Supreme Court Justice John Byrne sentenced Patel to seven years' jail for
each of three manslaughter charges, and three years for one count of causing
grievous bodily harm.
The sentences are to be served concurrently, meaning Patel will be eligible for
parole after serving just three-and-a-half years.
The sentence sparked anger among some Patel patients, while others were jubilant,
calling it the icing on the cake of Patel's convictions handed down by a jury on
Tuesday.
The state opposition immediately called on Attorney-General Cameron Dick to appeal
the sentence, calling it manifestly inadequate and far from what the community would
expect.
A spokesman for Mr Dick said he had no comment.
Ian Vowles, who was the subject of Patel's grievous bodily harm conviction, said the
rogue surgeon should have been locked up for life for the pain he caused scores of
patients.
"The amount of pain he has caused to the people. These four cases that were in court
were only a fraction of the people that he's affected here in Bundaberg," the
63-year-old, who had part of his bowel removed by Patel despite no sign of cancer,
told AAP.
Patel patient Doris Hillier said the jail term was disgraceful.
"An eye for an eye, a life for a life," she told reporters in Bundaberg.
"He's taken three lives ... it should have been life, life, life, so that his life
has gone like the patients that he's helped along their pathway to their heaven."
Others said the convictions mattered most and the jail term was icing on the cake.
Judy Kemps, who lost her husband Gerry Kemps after Patel operated on him, said it
was just fine by her that Patel would spend years behind bars.
"I'm very happy with the outcome. You couldn't have wished for better," she told AAP.
"For me the conviction was the main thing."
Patel patient Beryl Crosby, who has also been an advocate for others treated by him,
said the jail term was a bonus.
"I'm glad he got something. I'm glad he got at least seven years," Ms Crosby told AAP.
"When we got the guilty verdict it was enough for a lot of people. The fact that
he's going to do time, that will help a lot."
In sentencing Patel, 60, for the manslaughter of Mr Kemps, Mervyn Morris and James
Phillips and the grievous bodily harm of Mr Vowles, Justice John Byrne said the
sentence he imposed reflected the community's disdain for Patel's behaviour.
But he said it also took into account mitigating factors such as Patel's age and
distance from his family.
"Three lives were lost and Mr Vowles will suffer for the rest of his life," Justice
Byrne said.
"The community denounces your repeated serious disregard for the welfare of the four
patients."
He dismissed calls by Patel's defence team for a wholly suspended sentence. The
crown had urged for Patel to be jailed for at least 10 years.
Justice Byrne was critical of Patel's decision to charge ahead with the fatal
operations in spite of his shady history.
Prosecutor Ross Martin had earlier detailed Patel's long history of disciplinary
action in the United States, dating back to 1982 and including restrictions on him
performing major operations like the ones he carried out at Bundaberg Base Hospital.
The defence and the prosecution have not indicated if they will appeal the sentence.
Patel is yet to face court over another nine charges, including eight fraud counts
and one of grievous bodily harm.
No date has been set for hearing for any of these charges, which also relate to his
time in Bundaberg.
The crimes for which Patel was sentenced on Thursday all related to Patel's time as
director of surgery at the Bundaberg Base Hospital between 2003 and 2005.



X