Washington, May 31 : A ruling by a U.S. judge on Monday, is likely to help Dr Jayant Patel to file a fresh bid for bail against moves to have him extradited to Queensland, Australia, to a face a trial for manslaughter.
The hastily arranged hearing is being seen as a victory for Dr Patel, also known as Dr. Death, who has been held in a prison in Portland, Oregon, since his arrest more than two months ago on charges of manslaughter.
The hearing could delay his extradition hearing, set for June 26 in Portland, by three weeks.
On Wednesday, the surgeon's American lawyer, Marc Blackman, claimed Queensland police sergeant Graham Walker informed him on May 9 that documents in the extradition case would be sent to the US.
Blackman was quoted by news.com.au as saying that the documents did not arrive and there was "no explanation for the delay".
The lawyer told US District Court Judge Dennis Hubel the delay in the production of the documents constituted special circumstances warranting Dr Patel's release from prison on bail "pending the extradition hearing".
Monday's hearing will be held via a teleconference, with Dr Patel, 58, likely to be listening in from jail.
Australian authorities have charged Dr Patel with 16 offences, including three counts of manslaughter, and hope to extradite him to Queensland.
The offences were allegedly committed while Dr Patel, a US citizen, was director of surgery at Queensland's Bundaberg Base Hospital between 2003 and 2005.
The claim that Queensland authorities failed to send the documentation to the US was refuted by Queensland Premier Anna Bligh, who said: "There are no outstanding documents".