It’s no wonder
that the Jury in the latest Patel trial failed to reach a decision.
The QLD Crown prosecution
continued its well-documented incompetent behavior and asked the Jury the wrong
asking whether the surgery on Mr. Vowles by Mr. Patel was unnecessary - the Crown should have asked whether the surgery was legal?
Mr. Vowles - along
with each of Patel’s former 1500 patients - when they signed the official QLD
Health form giving permission for Mr. Patel to cut them open – did so with the
expectation a properly registered and credentialed doctor did the cutting.
If Mr. Patel
was not – as is alleged by the QLD Health Royal Commission – properly
registered or credentialed, then the question must be, was any surgery -
no matter whether it was unnecessary
or not - illegal and therefore an assault?
The QLD Crown
seems to have forgotten that section 245 (see attached) of QLD’s criminal code
states that the definition of assault happens when:
(1) A person who strikes, touches, or moves or otherwise
applies force of any kind to, the person of another, either directly or
indirectly, without the other person’s consent, or with the other person’s consent if a
consent is obtained by fraud…
Of course to
prove assault under s245, the Crown would also have to produce evidence that government
oversight bodies and employees (medical board, senior health bureaucrats and
politicians) were negligent in employing, registering and credentialing Mr.
Patel as a QLD doctor.
evidence could be used in a massive civil damages claim by up to 1500 patients
who - when they consented to treatment - thought that their government had
provided them with a properly registered and credentialed doctor, legally
licensed to apply force to their person.
for Attorney General Bleije and his government colleagues that their Crown
prosecutors seem determined to put the wrong question to QLD Juries. It could
save political embarrassment and help the government with future budget bottom
On page 301 Judge Davies wrote in the QLD Health Royal
Commission that the definition of Assault under s245 of the QLD Criminal Code
A person who strikes, touches, or moves or otherwise applies force of any kind
to, the person of another, either directly or indirectly, without the other
person’s consent, or with the other person’s consent if a consent is obtained by
who by any bodily act or gesture attempts or threatens to apply force of any
kind to the person of another without the other person’s consent, under such
circumstances that the person making the attempt or threat has actually or
apparently a present ability to effect the person’s purpose, is said to assault
that other person, and the act is called assault.
In this section –
force’ includes the case of applying heat, light, electrical force, gas, odour,
or any other substance or thing whatever if applied in such degree as to cause
injury or personal discomfort.