Prosecution's particulars in Patel case will be struck out
FORMER surgeon Jayant Patel has been served a win after the Supreme Court granted his application to have some of the prosecution's particulars struck out.
Patel put forward an application to have the particulars struck out citing issues with causation.
Supreme Court Justice Henry Fryberg allowed the application this afternoon.
He ordered particulars relating to Patel's pre-operative care of Mervyn Morris in 2003 be struck out.
Mr Morris died in post-operative care after undergoing surgery at the Bundaberg Base Hospital.
Justice Fryberg also struck out the particular alleging the death was a consequence of Patel not correctly ascertaining Mr Morris's fitness for operation and not diagnosing the cause of Mr Morris's rectal bleed.
The Crown must file new particulars regarding Mr Morris's heart and liver disease.
Patel is scheduled to face trial for Mr Morris's manslaughter on February 6.
The former Bundaberg doctor was not in court this afternoon.