'How he can get a fair trial now with a jury?'

LAWYERS for Jayant Patel have argued publicity and enormous stress on the former surgeon should contribute to the Supreme Court's decision on whether to permanently stay Dr Patel's manslaughter trial.

Dr Patel sat quietly and scribbled notes in court today as his legal team argued for a permanent stay.

Patel's barrister Kenneth Fleming argued the Crown planned to use a "proposition" in the trial that it abandoned in Patel's first trial.

He said the fact the evidence had been abandoned created unfairness for his client.

Mr Fleming also brought up the issue of publicity surrounding Patel's case and alleged crimes at the Bundaberg Base Hospital.

"Dr Patel would have to be the most notorious accused in Queensland in a long, long time, if not ever" he said.

"How he can get a fair trial now with a jury given the degree of the well that has been poisoned, we say its impossible..."

Mr Fleming asked Justice Henry Fryberg to take into account the stress the last four years and nine months - since Patel was arrested - had on his client.

Most of the morning was occupied with legal arguments over particulars to arise in the potential trial.

Crown Prosecutor Peter Davis said the act of performing the operation was the problem.

He said the allegations included Patel incorrectly diagnosed Mervyn Morris in 2003.

The Crown also allege Mr Morris died as a result of not getting proper post-operative care.

Justice Fryberg adjourned to consider the application.

Topics:  court jayant patel jury

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