Patel doesn't need judge-only trial: court

JAYANT Patel is not so notorious that his manslaughter case warrants a judge-only trial, a court has heard.

Barrister Peter Davis SC appeared in the Supreme Court in Brisbane on Wednesday to fight Patel's application to have a judge decide whether he is guilty of the manslaughter of 75-year-old Mervyn Morris.

The matter is set down for trial early next year.

Mr Davis argued the amount of media reporting in Patel's case was not unique.

He cited a number of other matters that had significant publicity but still went to trial before a jury.

These included the cases of backpacker murderer Ivan Milat, serial sex offender Robert Fardon, pedophile Dennis Ferguson, and Robert Long, who was responsible for the Childers Palace Backpackers Hostel fire, he said.

"There's great lists of people over the years whose cases have been subject to some notoriety," he said.

"Pre-trial publicity can be dealt with by directions and juries being true to their oaths."

However, Patel's barrister Ken Fleming said the publicity surrounding his client's previous court cases and the extensive reporting of his history as a medical practitioner meant he could not get a fair trial by a jury.

This is the second time Patel, who was in court for the application, will face trial over the matter, after the High Court recently ruled there had been a miscarriage of justice during his 2010 trial.

He will also be retried separately at a later date for the manslaughter of 77-year-old Gerry Kemps and 46-year-old James Phillips, and for causing grievous bodily harm to 62-year-old Ian Rodney Vowles.

Justice James Douglas will hand down his decision on Tuesday, after which Patel is expected to apply to have the charge permanently stayed.

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