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Justice minister silent on extradition of Ore. surgeon

08:14 AM PDT on Thursday, June 28, 2007

Associated Press

WELLINGTON, New Zealand -- Australia's justice minister declined to say on Thursday whether he had requested that the United States extradite a surgeon accused of manslaughter in the deaths of three patients in a public hospital.

KGW

Dr. Jayant Patel.

A magistrate issued warrants last November for the arrest of Indian-trained Jayant Patel, 57, a U.S. citizen who lives in Portland, Ore., on three charges of manslaughter and five of grievous bodily harm.

The charges relate to his treatment of patients while he was director of surgery at the publicly-funded Bundaberg Base Hospital in Queensland state, 350 kilometers (190 miles) north of the capital Brisbane, from 2003 to 2005.

Australian Justice Minister David Johnston, in New Zealand for unrelated government meetings, would not comment on media reports that he had confidentially approved the extradition request.

"We wouldn't be in a position to comment at the very least until he has been arrested," Johnston told The Associated Press in the national capital. "We would not seek to telegraph to anybody whether or not papers have been prepared, signed or are in transit."

His office said Wednesday that the government's policy was to refuse comment on any extradition request until the suspect was arrested. However the office has been prepared before this week to say that the paper work was incomplete.

Australian Prime Minister John Howard said Wednesday his government was moving quickly toward requesting Patel's extradition, in accordance with a bilateral extradition treaty with the United States.

Patel has refused to discuss publicly the allegations against him.

Once the Australian government signs off on the extradition request, it would be forwarded to the U.S. government and a court process could begin. Patel will have the opportunity to fight any extradition request in U.S. courts.

A state government-commissioned inquiry concluded last year in Patel's absence that he may have contributed directly to 13 deaths due to an "unacceptable level of care" at the regional hospital.

Patel is barred from applying for a medical license in the United States until the Australian criminal and professional charges against him are resolved.

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