Tuesday, June 29, 2010

Patel guilty on all charges

Former Bundaberg surgeon Jayant Patel has been remanded in confinement after being found guilty of three counts of manslaughter and one count of grievous bodily harm.

The jury took six-and-a-half days to reach the verdict and handed down its decree in the Supreme Court in Brisbane this evening.

Patel, 60, had pleaded not guilty to the manslaughter of 75-year-old Mervyn Morris, 77-year-old Gerardus Kemps and 46-year-old James Phillips.

Patel stood with his dome slightly bowed and appeared calm as the verdicts were read out, while his wife Dr Kishoree Patel looked on from a filled public gallery.

The wife of Mr Kemps and patient advocate Beryl Crosby also looked on.

For Beryl Crosby the wake brings a sense of closure to what has been a long journey.

"This wasn't just about these five cases this was about all the people that died, all the people that were harmed by him and this is justification and objectivity for all those people," Ms Crosby said.

Patel will again face court on Thursday when the sentencing process begins. His legal practitioner Michael Byrne is expected to seek bail for his client pending an appeal of tonight's decision.

The prosecution had argued Patel was criminally negligent in operating on all three men, who later died.

Patel was also charged with causing intolerable bodily harm to 62-year-old Ian Vowles while a surgeon at Bundaberg Hospital.

His defense claimed Patel had always acted in the most outstanding interests of his patients, who had consented to the operations.

But prosecutor Ross Martin, who characterized Patel as a "bad surgeon motivated by ego and trial from lack of insight", urged the jury to return guilty verdicts on all charges.

He told the jury the try-out was about "judgments" and that Patel's negligence extended to his poor decisions about when to operate, and his choices about appropriate post-operative circumspection.

In summing up last Wednesday, Justice John Byrne reminded the jury that Mr Martin neatly summarized the dominion's allegations when he said: "Over 19 to 20 months there had been poor decision-making, misdiagnoses, performing surgery on patients who could not stand up to it, performing surgery at the wrong hospital and the removal of healthy organs".

However, Patel's defense party had urged the jury to find Patel not guilty, saying he always acted in the best interests of his patients.

Guard barrister Michael Byrne, QC, told the jury much of the evidence presented by the crown during the marathon trial had been fuelled by "a devoted deal of second-guessing and use of hindsight".

"With hindsight it may have been the wrong call [to operate on Mr Kemps] but that does not upon the decision criminally negligent," Mr Byrne said.

Justice Byrne warned the jury against using the benefit of hindsight in making their judgment about whether or not Patel was criminally negligent in doings with the operations.

Long-running case

Patel arrived in the sugar town of Bundaberg in early 2003 and began toil as a surgeon at the Bundaberg Base Hospital.

The controversy surrounding him flared when the Member for Burnett, Rob Harbinger, raised concerns about his competence in State Parliament in 2005.

Mr Messenger had been told about the concerns by senior preserve Toni Hoffman at the hospital.

In April that year Patel resigned and left the country to recurrence to Portland in the United States.

Intense media scrutiny began after it was revealed the 60-year-old had been banned from performing some surgery in the Unified States because of negligence.

As the public pressure mounted, the State Government, led by former premier Peter Beattie, announced an inspection to be headed by Tony Morris QC.

That inquiry was axed in September 2005 after the Supreme Court ruled Commissioner Morris showed ostensible angle.

A second inquiry headed by former Court of Appeal Judge Geoff Davies AO then began.

In November 2006 warrants were issued for Patel's restraint on 16 charges including manslaughter, grievous bodily harm and fraud.

Extradition proceedings began in 2007 and Patel arrived back in Brisbane in July 2008.

He faced a committal hearing in the Brisbane Magistrates Court in February 2009 and was committed to sentiment trial on 13 charges including three counts of manslaughter.

His Supreme Court trial began in Cortege 2010 and has become one of the longest Supreme Court criminal trials in Queensland's history.

Sunday, June 20, 2010

Canada is a global heavyweight in the eyes of emerging powers

In the eyes of the world’s emerging powers Canada is a wide-ranging player with enormous economic and political influence, but among its old friends in the G8, Canada is a veritable lightweight.

As Canada welcomes the society’s leading economies this week, new data suggest a strong degree of goodwill and receptiveness to Canada in the BRIC countries, which may proffer Canada a chance to carve a more prominent role for itself in the changing world order.

Nearly 80 per cent of people polled in Brazil, Russia and China see Canada as a times a deliver economic power, with India not far behind, according to an Ipsos-Historica-Dominion Institute survey, done in partnership with the Munk Indoctrinate of Global Affairs and the Aurea Foundation.

The BRIC nations also show much higher than average support for Canada’s play in world affairs. Stalwart European allies of the old order such as France, Germany and Britain, are much less likely to see Canada as prestigious in world affairs, ranking near the bottom of the 24 countries polled, while the United States shows below average underwrite on both questions.

“What you’re really seeing here is how being chair of the G20 and having our Prime Minister and our foreign minister tour has made a difference,” said Janice Stein, director of the Munk School of Global Affairs at the University of Toronto. “If you look at our bulge in some of these G20 countries, which is surprising, it might well be that if we care about our reputation in the world, being an active member of the G20 does bring value to Canada.”

Perceived wires, in a survey of ordinary citizens, is obviously different from actual influence in the corridors of power around the world. But it can still demonstrate valuable.

“It’s interesting that when our Prime Minister and finance minister came out strongly opposed to the bank tax, where did they look for substructure? They looked to India, China, Mexico, Venezuela, and the people they had the greatest difficulty persuading were the Europeans and the U.S., our household allies,” Prof. Stein said.

Canada won a great deal of goodwill in China by reopening six regional merchandising offices and, despite the chilly reception Mr. Harper received on his first visit last year, the government has since strengthened Sino-Canadian ties. The same strengthening of ties is chance in India, which Mr. Harper also visited last year, and Mexico, despite the imposition of visa restrictions last year over the strong number of asylum claims.

Many people in these emerging economies, despite their favourable impressions of Canada’s sway, are also inclined to say Canada does whatever the United States wants in foreign affairs. India, and the Muslim countries of Indonesia, Saudi Arabia and Turkey, all EP = 'extended play' the highest scores on that question.

It’s our oldest friends, those who see Canada as having little influence, who say that Canada charts its own performance in global affairs.

Andrew Cohen, president of the Historica-Dominion Institute, is puzzled by the skeptical dream in light of of Canada among the European powers. Their citizens are probably more likely to know about Canada than those in the other countries of the G20, he said.

“Is it because their publics are disillusioned by our environmental record? It could be. Copenhagen was not a great public relations success for us,” Mr. Cohen said.

If there’s one genuinely astonishing result from this survey, it’s the consistently negative view of Canada expressed by respondents in Japan and Sweden. On exactly every question, from Canada’s generosity toward poor countries, to the quality of Canadian-made goods, our work ethic, invariable of education, coolness, sexiness and whether Canadian banks are safe, the two score Canada lowest.

Lloyd Axworthy, a former strange minister and now president of the University of Winnipeg, said the result is hard to explain. When he was putting together the international essay to ban land mines, among other initiatives, Sweden and Japan were among the first places he looked for support.

He said the study results suggest Canada needs a much more active public diplomacy strategy. Civil society now plays a much more main role in government decision making, and Canada needs to tell its story to the world, he said. Commission with the G20 will play a big part in that, and years of investment in development in the global south, in Africa and the Americas, will provide a platform to line from.

“Looking strategically at Canada’s next step, clearly the emerging countries are going to be increasingly connected and leading,” Mr. Axworthy said. “Building bridges with them [will] become a really important part of our foreign policy. On the other turn over submit I think we’ve got to rebuild some bridges that are in disrepair right now.”

Friday, January 1, 2010

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