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Surgeon jailed over patient's death wins appeal against conviction | Surgeon jailed over patient's death wins appeal against conviction |
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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. | |
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 after surgery on his left knee. | |
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 wished to seek a retrial. |