ON THE day he returned to Australia, Jayant Patel had a win: the discredited surgeon was granted bail after being formally charged with 14 offences, including three of manslaughter, over his tenure at Bundaberg Hospital.
But the win was qualified. Patel was expected to stay in jail last night after a Brisbane magistrate, Brian Hine, made his bail subject to the posting of a $20,000 deposit, which could not be arranged last night.
Bail was opposed, and Mr Hine imposed strict reporting, living and travel conditions to address the prosecution's concerns. Patel may not leave Queensland or contact any witnesses, and must surrender his passport.
In granting bail, Mr Hine acknowledged the serious offences and the public's interest in Patel not fleeing, but said Patel had consented to his extradition and any trial was at least 12 months away.
Patel's solicitor, Arun Raniga, said his client would be in custody overnight because he did not immediately have the money to post the deposit. "That's what I need to speak to his wife about," Mr Raniga said. "He's in good spirits. He was happy with the result."
Beryl Crosby, the head of the Bundaberg Hospital patient support group, was in the gallery to see Patel's first court appearance since he fled Australia more than three years ago. She appeared disappointed that bail had been granted. "We have to abide by the decision," she said.
After arriving on an early-morning flight from Los Angeles, Patel was followed by news helicopters as police drove him from the airport. He arrived at the watchhouse a short time later, and appeared in the Brisbane Magistrates' Court dock at 2.20pm, wearing an apricot shirt and dark trousers. He was handcuffed and glanced briefly at the public gallery, before looking down for most of his time in court.
The gallery was packed. Among those present was Judy Kemps, whose husband died after Patel allegedly botched an operation. Patel is charged with his manslaughter.
Patel was remanded to appear on September 1. He is now formally charged with 14 offences: three of manslaughter, two of causing grievous bodily harm, one of negligent acts causing harm, seven of fraud and one of attempted fraud.
The fraud charges allege he concealed a history of disciplinary action in the US to get his job at Bundaberg Hospital.
Mr Hine ordered that some details of the case not be published to ensure Patel received a fair trial, after referring to a recent case in which the District Court ordered a permanent stay on charges against the convicted pedophile Denis Ferguson.
It found Ferguson could not get a fair trial due to adverse publicity. A State Government appeal against that decision will be heard today, and the outcome will affect how all high-profile cases are dealt with.