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'Blogs Central
Blog Central: Law and Order Damon Locantro has made a name for himself on the Sunshine Coast defending people charged with breaking the law. His practice, Locantro Lawyers, specialises in criminal defence but also offers services to those facing action by a government department. Damon has 15 years experience in criminal law and was formerly a NSW prosecutor and member of the NSW Police Service.

Will media let Patel have a fair trial?

July 25 | Damon Locantro

Now that Dr Jayant Patel is back in Australia, he has been charged and has faced court, there will be an ongoing and significant amount of media attention given to his case.

It will be interesting to gauge the level of media attention in the wake of the Dennis Ferguson case given the media attention contributed to the determination that he would not get a fair trial.

The convicted pedophile was facing allegations he sexually assaulted a young girl in 2005 but the case was dismissed by a judge after Ferguson's barrister told the Court of Appeal it was “disingenuous” to expect potential jurors to ignore pre-trial publicity surrounding the case and to return a fair verdict.

The permanent stay of proceedings on the charges ordered by the judge was appealed last week.The Court of Appeal has reserved its decision.

I suspect the media will be more reserved about the nature of their publications.

Dr Patel, who is facing 14 charges including manslaughter, grievous bodily harm and fraud, relating to his time at Bundaberg Base Hospital between 2003 and 2005, is entitled to the presumption of innocence and a fair trial like everyone else who is tried in Australia.

Those rights are fundamental to our system of Justice.

How do you balance the competing public interest and the rights of Dr Patel?

I think the trials of this nature should be televised. Those with an personal interest in the case would be able to watch the trial as would all other members of the public. The public would not be so dependent on media reports about the trial and the media would be less likely to come under fire for reports that are not balanced.

The courtroom is a public place and therefore there are no secrets about what goes on.

Recent Comments

on 25 July, 2008 at 5:30 p.m. ( Suggest removal )
It is interesting to note that the media has stopped using the term "Dr *****" to describe him. This is good because it may assist him to get a fair trial. I certainly haven't prejudged him and will follow the case with interest.
on 26 July, 2008 at 4:57 p.m. ( Suggest removal )
Yeah, they have stopped calling him Doctor Death, and while I can't be quite certain, I'd be surprised if The Daily did not use that tag as well.

It is absolutely gob smacking that a journalist could win a most prestigious award for walking all over the rights of Patel, but he did.

There is not one person living in the real world who has not been prejudiced against this bloke by irresponsible journalism.

No, as far as I am concerned, the right to a fair trial is a fundamental bastion, (way beyond the risk of having just one possibly guilty person walking scot free,) and if commercial interest has made that impossible, then the victims of the alleged crime can knock down the doors of those responsible........the rogue Media.
on 26 July, 2008 at 7:46 p.m. ( Suggest removal )
He will probably get a lot better go than a lot of his patients
on 28 July, 2008 at 6:21 p.m. ( Suggest removal )
Gotta wonder why all your blog subjects relate to matters which are controversial...fishing??
on 31 July, 2008 at 10:26 p.m. ( Suggest removal )
Patel either will not stand trail or will be found not guilty. The only people guilty is the Labor Government for hiring such a useless Doctor. However I fell for the patients but this happens every day and we cannot expect Doctors to get it right, however this is easy to say when not on the receiving end.

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