Patel may face new kill charge

THE death of a man who underwent extremely risky surgery for cancer after being wrongly diagnosed is set to lead to a fourth manslaughter charge against rogue surgeon Jayant Patel.

THE death of a man who underwent extremely risky surgery for cancer after being wrongly diagnosed is set to lead to a fourth manslaughter charge against rogue surgeon Jayant Patel.

The case of Barry Johnson, an otherwise healthy 57-year-old who suffered jaundice and benign pancreatitis when he came into contact with Dr Patel at Bundaberg Base Hospital, is being closely examined by police and prosecutors as a result of the findings by a top surgeon.

A report, obtained by The Australian, shows Johnson was wrongly diagnosed by Dr Patel, who performed a Whipples procedure, involving surgery on the pancreas, despite US authorities previously banning him from the operation due to gross negligence.

"With better assessment he would have avoided surgery and had an almost normal chance of long-term survival," reported the NSW professor of surgery after a review of the case.

"Post-operative complications caused the death of Mr Johnson. Not only were the post-operative complications almost certainly avoidable and treatable, but the surgery should not have been done."

Queensland police yesterday took a warrant for the arrest of Dr Patel to a Brisbane magistrate, triggering the formal start of extradition proceedings that could take several years. The warrant lists criminal charges including manslaughter, grievous bodily harm and fraud.

Dr Patel, who had been disciplined and banned by US authorities before he came to Australia in 2003, and lied about his background, will be charged on returning to the Queensland jurisdiction.

But police and prosecutors fear that Dr Patel, who has been living at his mansion in Portland, Oregon, since fleeing Bundaberg in April last year, will fight to remain a free man.

Whistleblowing nurse Toni Hoffman, relatives of those who died, and former patients led by Beryl Crosby, the head of the patients' support group, expressed relief that the wheels of justice had begun to turn a year after an inquiry made scathing findings about Dr Patel and the Beattie Government.

"I am looking forward to the day that they get him back - it cannot come soon enough," Johnson's widow, Cheryl, told The Australian.

"Only when he's back here will we be able to put some of this behind us. It might be the end of the nightmare."

Dr Patel had made a secret proposal earlier this year to return voluntarily in return for conditions including bail, but this was rejected by the Beattie Government.

Dr Patel's former lawyer Damian Scattini said yesterday the rejection of the proposal would provide ammunition for Dr Patel to argue that he could not receive a fair trial as his case had become politicised.