Widow suspects Dr Death will bolt

THE widow of a man whose death has been singled out by police for a probable manslaughter charge against rogue surgeon Jayant Patel fears the doctor will never face justice.

THE widow of a man whose death has been singled out by police for a probable manslaughter charge against rogue surgeon Jayant Patel fears the doctor will never face justice.

Judy Kemps - whose husband, Gerry, died at Bundaberg Base Hospital after Indian-born Dr Patel botched an operation that US authorities had previously banned him from attempting again - expressed concern yesterday that he might flee before Queensland authorities start an extradition process.

It has been almost a year since an inquiry chaired by retired Supreme Court judge Geoff Davies recommended serious criminal charges.

"I'm angry. We are always told to be patient and I had been confident about him (Dr Patel) coming back, but now I don't know," Ms Kemps said. "They are giving him too much of a chance to make other arrangements. We have a right to know what is really going on."

The severing by Dr Patel's legal team of all ties to the surgeon, who worked as a director of surgery after lying to Queensland health authorities about his disciplinary record in the US, has renewed fears he may flee his home in Portland, Oregon, before being charged.

The legal development, reported in The Australian yesterday, prompted police to reassure one of the patients, Beryl Crosby, that they had asked the FBI to check on Dr Patel.

Ms Crosby said Queensland Police Commissioner Bob Atkinson told her there was no evidence Dr Patel would flee. It is understood he no longer has access to his passport.

But she said Mr Atkinson had added nothing could prevent the surgeon "driving to Mexico" before the Queensland Office of the Director of Public Prosecutions gives the green light for charges to be laid.

"Of course, I'm afraid he's going to flee," Ms Crosby said. "The police are trying to assure me that they have things in place. There are no guarantees and I'm becoming suspicious."

Director of Public Prosecutions Leanne Clare said she had been told that Dr Patel spoke to his former lawyer yesterday and "had given no indication of any intention to leave Portland".

Brisbane solicitor Damian Scattini, who joined top US criminal attorney Stephen Houze in terminating a 16-month relationship with Dr Patel on Tuesday, said he doubted his former client would attempt to go to India, which has no extradition treaty with Australia. "I have no doubt that prosecutors are going to charge him, but if he was going to do a runner he would have done it by now," Mr Scattini said.

"I have not said he's not going to go - I'm not his keeper - but I have never heard any indication that he's planning to flee the jurisdiction.

"People have said he would be insane not to leave, but he's never indicated that to me. I think his biggest hurdle will be achieving a fair trial."