Patel's arrest close after extradition approval

THE extradition of rogue surgeon Jayant Patel from the US has been confidentially approved by federal Justice Minister David Johnston in a move that will trigger an arrest in his home town in Oregon.

THE extradition of rogue surgeon Jayant Patel from the US has been confidentially approved by federal Justice Minister David Johnston in a move that will trigger an arrest in his home town in Oregon.

Sources close to the process told The Australian yesterday that the signing of the paperwork for Dr Patel's extradition was the most significant development to date in the bid to have him returned to Brisbane for a criminal trial.

Senator Johnston, who was in New Zealand yesterday, is expected to announce the latest step on his return to Australia. Dr Patel does not have access to his passport and Queensland police do not regard him as a flight risk.

Senator Johnston's chief of staff, Chris Muir, said from New Zealand last night: "The minister cannot confirm it and the minister cannot deny it - we cannot comment on this. I'm not saying it's right and I'm not saying it's wrong."

The next steps - including an arrest - are matters for US justice officials and US marshals, who have been briefed on the case by their counterparts in the office of the Queensland Director of Public Prosecutions and federal government extradition experts.

It has been more than two years since the alleged fraud and negligence of Dr Patel were exposed, and 18 months since a royal commission-style inquiry linked him to 17 deaths during his two years as director of surgery at Bundaberg Hospital. A series of formal inquiries made damning findings against the Beattie Government, the public hospital system and Dr Patel.

But a top US surgeon, who is defending and advising Dr Patel in his legal fight with Australian authorities, said yesterday the surgeon was adamant he had done nothing wrong and would fight "tooth and nail" for as long as it took to avoid being extradited.

Vijay Mehta, the chief of surgery at a US hospital and a graduate of the same medical college in India as Dr Patel, urged US justice officials to reject any extradition application from the Queensland and Australian governments.

Dr Mehta said he would continue rallying support for Dr Patel, who faces charges of multiple manslaughter, fraud and grievous bodily harm, until the case against him was shelved.

"He will fight tooth and nail because he knows that when he goes to Australia, nobody in your system will protect him - he is (doomed) and he knows it," Dr Mehta told The Australian yesterday.

"When I look at Jayant Patel, I see a brilliant man in some areas, and I see a man who was lacking in integrity in other areas. But I think our justice system should step in and declare that he can't get a fair trial. No matter how you deal with Dr Patel, he cannot get justice. He is known as Dr Death.

"He really thinks he is not guilty and that the charges are out of line and the statements against him are all wrong. He really believes that he has done nothing wrong and that he was being helpful to Australian people, who are now so ungrateful."

Dr Mehta said Dr Patel's wife, Kishoree, a practising doctor in Portland, Oregon, would stand by her husband and help to fund his legal battle.

"But the way the Queensland Government is dragging its feet, they must know it's going to be a lot harder to bring him back," he said. "They should have taken his offer to return."

Premier Peter Beattie and the then attorney-general, Linda Lavarch, rejected a confidential offer by Dr Patel to return voluntarily to face justice before the state election in September.

In the furore that followed The Australian's disclosure of the rejection, Ms Lavarch resigned, citing depression. The Office of the Queensland DPP had strongly recommended acceptance of Dr Patel's offer because it would have meant a speedy trial instead of years awaiting extradition.

Ms Lavarch's successor, Attorney-General Kerry Shine, said the Beattie Government was confident Dr Patel would get a fair trial in Queensland.

Hedley Thomas is the author of Sick To Death, a newly released book about Dr Patel and how he thrived in a sick health and political system