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Juror discharged from Patel case

The third juror in six days has been discharged from the manslaughtertrial of Dr Jayant Patel, for being employed by Queensland Health.

Dr Jayant Patel (AAP)
Dr Jayant Patel (AAP)

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Source: AAP


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The third juror in six days has been discharged from the manslaughter trial of Dr Jayant Patel, for being employed by Queensland Health.

On the sixth day of the trial in the Supreme Court in Brisbane on Monday, a female juror advised Justice John Byrne she was currently employed on a temporary contract with Queensland Health, and that she hoped to extend the contract when it expired.

Defence barrister Michael Byrne QC asked that she be discharged, and Justice Byrne agreed.

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"In view of the sensitivity of this case I have decided, because of her connection with Queensland Health, she should not serve on the jury," Justice Byrne told the remaining jury members.

Impartiality key

"The reality of, and public appearance of impartiality are critical."

On the first day of the trial last week a male juror was discharged before any evidence was presented after he said he could not be impartial.

Two days later another male juror was excused after handing the judge a note, the contents of which were not revealed in court.

The discharged jurors have all been replaced with reserve jurors, who were empanelled last Monday.

Only one reserve juror now remains.

Patel, 59, is accused of the manslaughter of Mervyn John Morris, James Edward Phillips and Gerry Kemps.

The former director of surgery at the Bundaberg Base Hospital is also accused of causing grievous bodily harm to Ian Rodney Vowles.

Patel has pleaded not guilty to the charges, which relate to his time at the hospital between 2003 and 2005.

The trial has been adjourned until Tuesday for legal argument.


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