Defence may ask DPP to drop remaining charges against Patel PROSECUTORS are under pressure to dump outstanding criminal negligence charges against Jayant Patel after a jury failed to reach a verdict in the former Bundaberg surgeon's grievous bodily harm retrial. Dr Patel had pleaded not guilty to maiming patient Ian Rodney Vowles at the Bundaberg Base Hospital in 2004 and 2005, when he allegedly wrongly removed the cabinetmaker's bowel and colon. Mr Vowles was left impotent and needing a permanent colostomy bag after the surgery, which Dr Patel's defence lawyers said ensured the man had a cancer-free future. Yesterday, District Court judge Terence Martin discharged the six-man, six-woman jury when they admitted they were locked in a stalemate after deliberating since Thursday. Dr Patel's barrister, Ken Fleming QC, told The Australian he would consider making a formal submission to Queensland's Director of Public Prosecutions Tony Moynihan SC not to retry the case and to drop remaining charges against the former Bundaberg director of surgery. "It's a possibility - that's one of the options that we have," Mr Fleming said. (Or we will) just fight them all to the end. A disappointed Mr Vowles told The Australian he wanted prosecutors to press on. "I'm quite prepared to go back to trial if they want to; I wouldn't like to see it left in limbo, it's been going on for so long," he said. Dr Patel still faces two manslaughter charges, one more of grievous bodily harm and eight of fraud. Queensland's pursuit of Dr Patel has been trouble-prone since the beginning, when allegations were raised about his conduct at the southeast Queensland regional hospital in 2005. Last year, the High Court declared a miscarriage of justice and quashed the ex-surgeon's convictions for the manslaughter of three of his patients and the grievous bodily harm of Mr Vowles. The tumultuous history of the case highlights the difficulties of successfully prosecuting doctors accused of criminal medical negligence. Even if prosecutors proceed with the remaining charges against Dr Patel and manage to secure convictions, legal experts doubt whether the former surgeon would serve any more time in jail. Queensland criminal lawyer Bill Potts urged Mr Moynihan to think carefully before ordering the Vowles matter be retried. "There is a question of whether there's any social, legal or utility in justice in proceeding, but no doubt these are issues (the DPP) will examine closely," Mr Potts said. Mr Moynihan declined to comment. The outstanding charges against Dr Patel will be mentioned on Friday in the Queensland Supreme Court, while the Vowles grievous bodily harm charge will be mentioned on October 25.