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Surgeon jailed over patient's death wins appeal against conviction Surgeon jailed over patient's death wins appeal against conviction
(35 minutes later)
A surgeon who served a jail sentence over the death of a patient at a private hospital has won an appeal against his conviction.A surgeon who served a jail sentence over the death of a patient at a private hospital has won an appeal against his conviction.
David Sellu, 69, was convicted of gross negligence manslaughter in November 2013 and handed a two-and-a-half-year prison term at the Old Bailey. David Sellu, 69, was convicted of gross negligence manslaughter in November 2013 and handed a two and a half year prison term at the Old Bailey.
On Tuesday, three court of appeal judges in London allowed his challenge against the conviction relating to the death of James Hughes, a father of six from Northern Ireland.On Tuesday, three court of appeal judges in London allowed his challenge against the conviction relating to the death of James Hughes, a father of six from Northern Ireland.
Hughes, 66, died at the Clementine Churchill hospital in Harrow, north-west London, after falling unexpectedly ill following knee surgery. Hughes, 66, died at the Clementine Churchill hospital in Harrow, north-west London, after falling unexpectedly ill after surgery on his left knee.
The retired builder had a planned left knee replacement on 5 February 2010. The operation went well, but while recovering he developed abdominal pain and was transferred to Sellu’s care. The retired builder had a planned knee replacement on 5 February 2010. The operation went well, but he developed abdominal pain during his recovery and was transferred to Sellu’s care.
It was the standard of the doctor’s care of Hughes over a period of about 25 hours that formed the basis of the case against him.It was the standard of the doctor’s care of Hughes over a period of about 25 hours that formed the basis of the case against him.
At a recent hearing the appeal judges heard that the “essence” of the prosecution case was that the doctor, a “respected consultant colorectal surgeon”, should have performed an operation to repair a perforated bowel “at a much earlier time”.At a recent hearing the appeal judges heard that the “essence” of the prosecution case was that the doctor, a “respected consultant colorectal surgeon”, should have performed an operation to repair a perforated bowel “at a much earlier time”.
But a QC argued on behalf of Sellu, who served 15 months before being released in February last year, that his conviction for gross negligence manslaughter was “unsafe” on a number of grounds.But a QC argued on behalf of Sellu, who served 15 months before being released in February last year, that his conviction for gross negligence manslaughter was “unsafe” on a number of grounds.
Sellu, of Hillingdon, west London, was present in court to hear Sir Brian Leveson, who heard the case with Lord Justice Irwin and Mr Justice Globe, announce that the conviction should be quashed.Sellu, of Hillingdon, west London, was present in court to hear Sir Brian Leveson, who heard the case with Lord Justice Irwin and Mr Justice Globe, announce that the conviction should be quashed.
Leveson gave the prosecution 24 hours to make an application if they wish to seek a re-trial. Leveson gave the prosecution 24 hours to make an application if they wished to seek a retrial.