MELBOURNE: India-born surgeon Jayant Patel, who was arrested in the US over the death of his 17 patients in Australia, could be freed before next month's extradition hearing in an American court because of an alleged bungling by Queensland police.
Patel's US lawyer Marc Blackman has asked the Portland District Court in Oregon to postpone Patel's June 26 extradition hearing by three weeks and allow the 57-year-old doctor to seek bail because of a delay by Queensland police to produce documents related to the case.
Blackman informed the court that despite a Queensland police officer stating in an affidavit on May 9 that he would send "legible copies" of requested documents "early in the week of 12 May", the documents were yet to appear till Thursday.
Patel could be freed before the extradition hearing by the US court because of an alleged bungling by Queensland police, Australian Associated Press reported on Thursday.
The surgeon, dubbed as 'Dr Death' by the media in Australia, has been at the high-security Multnomah County Detention Centre in Portland, Oregon, since his arrest by the FBI on March 11 on a request by the Australian government.
Australia is seeking extradition of Patel to face 16 charges, including three of manslaughter in connection with three deaths arising from botched surgeries and falsifying records during his two-year tenure at a rural public hospital in the state of Queensland.
He faces three life sentences if convicted on the charges, which also include allegations of causing grievous bodily harm, negligence and fraud.
Blackman called for a status hearing so that he could discuss the matter with the judge and the US prosecutors representing Australian authorities in the extradition proceedings, Australian Associated Press reported on Thursday.
"The court is respectfully requested to set over the hearing on extradition and all related deadlines for at least three weeks and to convene a status conference to set new dates and confer regarding discovery and release issues," Blackman wrote.
This was the second time Blackman had tried to obtain the missing documents from Queensland authorities. The District Court Judge Dennis Hubel originally ordered the documents to be produced on April 10, but when they arrived in the US they were illegible.
"On May 7, 2008, during a conference call among the court and counsel, the court directed the United States to confer with Australian authorities to find out if legible copies of these materials could be produced," Blackman told Hubel.
Patel was denied bail by the district court last month.
Meanwhile, Queensland premier Anna Bligh today said state lawyers had provided all the necessary legal documents to extradite Patel from the US.
Bligh said the necessary documents had been supplied without delay and it was unlikely Patel would be released on bail.
"My advice is that it is not expected that Jayant Patel will be released on bail for any reason relating to any delay in the delivery of any documents," Queensland Premier was quoted by 'The Australain'.
Patel, who hails from Jamnagar, Gujarat, had moved to the US in 1977 and was banned from surgery in the US states of New York and Oregon before he arrived in Australia.
A December 2005 report tabled in the Queensland Parliament recommended charging Patel with manslaughter, assault occasioning bodily harm and fraud.