LAWYERS for former Bundaberg surgeon Jayant Patel must divulge next month whether they plan to have a judge-only trial or seek to have charges struck out.
Justice Henry Fryberg called a review of the first manslaughter case to alert prosecution and defence teams to his expectations when the case was mentioned again on October 12.
Patel will face trial in February next year accused of the manslaughter of Mervyn Morris, 75, who died on June 14, 2003, three weeks after Patel removed part of his bowel.
Patel will also face separate trials for the alleged manslaughter of Gerry Kemps, 77, and James Phillips, 46, and allegedly causing grievous bodily harm to Ian Vowles, 62.
Justice Fryberg said, in Brisbane Supreme Court on Thursday, he wanted to know if he needed to set aside time to hear an application to strike out the manslaughter charge or have it permanently stayed "as an abuse of process".
He said he also wanted to know whether there would be a judge-only trial, about the adequacy of the Crown case particulars delivered to defence and if there would be any evidence admissibility issues.
Justice Fryberg said he hoped barristers would be familiar enough with the case before the next court case.
Patel's lawyer Arun Raniga said he expected counsel would be briefed before then.
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