FORMER Bundaberg surgeon Jayant Patel will argue for a permanent stay of the proceedings against him.
His legal team has also told Brisbane Supreme Court it will apply to have a judge-only trial.
Barrister Kenneth Fleming said he had been briefed to defend Patel the trial but was still waiting to confirm whether he would be joined by another barrister.
Crown prosecutor Peter Davis said the Crown would oppose a judge-only trial application, noting there was plenty of publicity before the first trial and no such application was made.
He said recent publicity tended to be negative towards the Crown rather than Patel.
Mr Davis argued the jury would be determining whether there was negligence and, if they found there was, whether it was morally culpable.
The Brisbane Supreme Court will hear the judge-only application on November 21 and the permanent stay application on November 27.
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