A junior doctor charged with manslaughter over the death of a man on a Fremantle street in July is out on bail and back working at Sir Charles Gairdner Hospital, under supervision and conditions set by the Medical Board of Australia.
Christian Jack Joseph, 26, from Crawley, is accused of chasing down a man on South Terrace in the early hours of Saturday 11 July and holding him in a rear chokehold for almost two minutes. The man, who later died at Fiona Stanley Hospital, has now been named as 63-year-old Cole Smith, a father from Harvey in the South West who had been in Fremantle for a night of live music.
The development was reported exclusively by The West Australian on Saturday night. Dr Joseph has not been convicted of anything and has not entered a plea.
What the regulators say
The Australian Health Practitioner Regulation Agency (AHPRA) told The West the Medical Board imposed conditions on Dr Joseph's registration on 30 July. Under them, he can practise only under the supervision of a board-approved doctor, and only at locations and in positions the board approves and publishes. He is understood to be restricted to Sir Charles Gairdner.
The conditions are an interim step while the national board gathers more information. It is understood the decision to let him keep working followed an assessment that he was not a risk to the public.
The North Metropolitan Health Service, which runs the Nedlands hospital, said it had to follow the regulator's directions.
"All staff are required to meet all professional regulatory obligations." — North Metropolitan Health Service spokesperson
His bail conditions were varied to allow him to work at the hospital.
What the court has heard
Dr Joseph was arrested at the scene and was initially refused bail in the Magistrates Court, the ABC reported at the time. He was granted bail by the Supreme Court on 24 July.
At that hearing, prosecutors alleged that Dr Joseph and a friend were walking back to a house after a night out in Fremantle at about 1.30am when they saw Mr Smith standing on a fence and looking through a small window. Police allege the pair yelled at him, and that Mr Smith stepped down and ran away, but was chased and forced to the ground on the road.
The prosecution alleges motion-activated CCTV captured the restraint, which lasted about one minute and 50 seconds, though the footage has a 30-second gap. Prosecutors told the court Dr Joseph is a Brazilian jiu-jitsu black belt, that Mr Smith was 162cm tall, and that nothing stolen was found on him.
Dr Joseph's lawyer has argued he acted in self-defence. An affidavit filed on his behalf said he accepted applying the hold but did not use significant pressure. The State has said it will argue against self-defence and against any claim that he was making a lawful citizen's arrest. Dr Joseph performed CPR and his friend called triple-0 after Mr Smith became unresponsive.
At the July hearing, an interim report said Mr Smith's cause of death was undetermined.
Justice Stephen Lemonis said the evidence "has force" but that it was too early to judge its strength, and noted Dr Joseph's prior good character, his attempt to resuscitate Mr Smith and that he stayed until police and paramedics arrived. Bail conditions include no alcohol, no contact with Mr Smith's family and a $50,000 personal undertaking, with a $100,000 surety from his mother.
What happens now
Mr Smith's daughter, who lived with him, described the past three months as devastating and shocking. Dr Joseph is due back in court in December.
The case is likely to renew debate over how health regulators handle practitioners facing serious criminal charges. Under the national scheme, AHPRA and the Medical Board can restrict a doctor's registration on an interim basis while a criminal case runs, without waiting for a verdict.
Photo: Gnangarra via Wikimedia Commons (CC BY 2.5 AU). File photo of Sir Charles Gairdner Hospital.
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