JAYANT Patel has withdrawn an application to have his manslaughter trial permanently stayed.
But his legal team have continued to challenge particulars the Crown proposes to rely on in the manslaughter trial of Patel.
Defence barrister Paul Smith told the Supreme Court this morning he had withdrawn an application to have the manslaughter charged quashed or permanently stayed.
Mr Smith outlined the defence still had issues with the Crown's particulars despite the Crown having four chances to make amendments.
The defence argues the Crown does not properly logically show a chain of causation showing Patel's pre-operative care of Mervyn Morris caused Mr Morris's death.
Patel is scheduled to stand trial for the death or Mr Morris at Bundaberg Base Hospital in 2003.
The Crown alleges Patel misdiagnosed Morris and decided to operate.
Crown prosecutor Michael Byrne told the court Patel's pre-operative care contributed to Mr Morris's death.
Mr Byrne told Justice Henry Fryberg the Crown was happy to amend the particulars again to move the matter forward.
But Justice Fryberg said that was a "hard ask" as the Crown already had four attempts to fix the particulars.
"I am really not persuaded the Crown is willing or able to provide the particulars," he said.
Justice Fryberg adjourned the matter to consider the counsels' submissions.
Patel is scheduled to face trial on February 6.
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