SILICON VALLEY: As Indian-American surgeon Jayant Patel has been moved to a Los Angeles jail on his way to Australia to face manslaughter charges, questions are now being raised whether he can get a fair trial in that country.

Patel has been routinely referred to as "Dr Death" by Australian media for his alleged involvement in death of patients.

Patel, 58, faces numerous criminal charges, including three counts of manslaughter for allegedly botching surgeries that resulted in the death of patients in the rural Queensland hospital, Bundaberg Base Hospital, where he served as chief of surgery for two years until he was removed in 2004.

Unlike the United States, where prosecutors and defense lawyers are involved in selecting a jury and can control for possible bias by challenging prospective jurors, the rules are different in Australia.

In Australia, Patel's attorney cannot question jurors. "All the defense can do is submit to the judge a request that because of the publicity in the case the judge should ask jurors questions," a Queensland defense attorney Terry O'Gorman told the Oregonian.

"Then, the person can be removed from the jury. A judge may ask whether a juror has prejudice against a defendant, but may not follow up with more detailed questions," O'Gorman said.
Patel's extradition to Australia is expected to be complete by Monday.