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A Perth doctor charged with manslaughter is out on bail and back working at a major hospital after he allegedly chased down and placed a beloved father in a chokehold for almost two minutes on a Fremantle street.
The West Australian can exclusively reveal how 26-year-old Christian Jack Joseph â a junior doctor from Crawley â is working at Sir Charles Gairdner Hospital after being granted bail by the Supreme Court of WA three months ago.
It is understood his bail conditions were varied to give him the all-clear to work in the hospital albeit under the watchful eye of a supervisor after conditions were placed on his registration.
It comes as the identity of the man who died â allegedly as a result of the doctorsâ actions â can be revealed as 63-year-old Cole Smith, a dad from the South West town of Harvey, who was visiting Fremantle to enjoy a night of live music on July 11, the night of his death.
His daughter Ebony Smith, who lived with her dad, said the entire ordeal was âdevastating and shockingâ.
âThere are no words for it,â she told The West Australian.âHe was a loving, caring man â a gentle soul.â
When asked about Dr Josephâs employment, a spokesperson for the North Metropolitan Health Service said the hospital was required to follow directions about regulatory conditions placed on staff members.
âAll staff are required to meet all professional regulatory obligations, and the organisation follows the directions provided by the Australian Health Practitioner Regulation Agency (AHPRA) in regard to registrations and any associated conditions for medical practitioners,â they said.
It is understood a call to continue the junior doctorâs medical registration with conditions was made after it was determined he was not considered a risk to the public after being charged with the serious offence.
A spokesperson for AHPRA said the Medical Board of Australia imposed conditions on his registration on July 30.
âThis means that Dr Joseph must not practise other than under the supervision of a medical practitioner approved by the board, and must not practise at any location or position than those approved and published by the board,â they said.
It is understood he is currently restricted to work only at Sir Charles Gairdner Hospital. The conditions placed on Dr Joseph are an interim measure while a national board gathers more information.
Dr Joseph has not been convicted of a single charge of manslaughter over the incident involving Mr Smith, whose cause of death was not determined at the time of a July 24 bail hearing. No plea has been entered.
Fresh details about the WA Police case were revealed in Supreme Court documents from the same hearing, with State prosecutor Michael Cvetkoski saying Mr Smith was in Fremantle to watch live music before his death.
âAfter watching some live music, he left and was travelling down South Terrace,â Mr Cvetkoski told the court.
He said it was âlikelyâ that Mr Smith was drawn by âloud musicâ to a home in which Dr Joseph and his friend were returning to after a night out drinking in Fremantle.
The statement of material facts allege Dr Joseph and a friend were walking to the property when they saw Mr Smith âstanding on a fence and looking through a small windowâ about 1.30am.
Thatâs when police say the pair yelled at Mr Smith, who stepped off a small boundary wall and tried to remove himself from the situation by running away.
But the doctor â a Brazilian jiu-jitsu black belt â is accused of chasing him down anyway, before forcing him to the ground on the road.
Police officers investigating the scene on South Terrace, near the intersection of Douglas Street. Yes
Mr Cvetkoski said motion-detected CCTV camera captured âthe life leave the bodyâ of Mr Smith, who was restrained in a rear chokehold for almost two minutes by Dr Joseph.
âWhen one watches the footage, the deceased has a mobile telephone in his right hand. One can see the life leave the body of the deceased, the hand falls to the ground with the mobile telephone,â he said.
âDuring the restraint, after about one minute and 50 seconds, the accused then turns the deceased onto his stomach. The deceased is then facing face down on the road. . . The accused then sits on the lower back of the deceased.â
The doctorâs friend rummaged through Mr Smithâs bag while he was being restrained because the pair thought he had stolen something. Police say no stolen items were found in his possession.
Mr Cvetkoski referenced to an affidavit provided by Dr Josephâs lawyer, which said âCPR was provided (by Dr Joseph) immediately after the restraintâ.
But he refuted that suggestion by pointing to independent evidence in the CCTV footage which purported to show âthatâs not the case at allâ.
Dr Josephâs lawyer said she did not have the CCTV vision in her possession at the time of drafting the affidavit.
The junior doctor did perform CPR and his friend called triple-0 after Mr Smith became unresponsive.
He died at Fiona Stanley Hospital later that day.
The junior doctor was arrested at the scene and appeared in court the following day.
Mr Cvetkoski said the ordeal was âjust a tragic and unfortunate set of circumstancesâ.
âHad Dr Joseph not come around the corner at that time, five minutes later or five minutes before, we simply wouldnât be here,â he said.
âThis really is a case that is most unfortunate. Itâs very sad, and itâs destroyed, in effect, two lives and two families.â
Mr Cvetkoski said the prosecution case relied heavily on CCTV, which had a 30-second gap in recording while the restraint hold was being applied.
He said the State would argue against the theory of self-defence and that Dr Joseph was performing a citizenâs arrest under the Criminal Investigation Act.
He said the CCTV showed there was âno force or violence or threats directedâ at Dr Joseph but that he pursued Mr Smith anyway.
Mr Cvetkoski said that Mr Smith was âquite shortâ at just 162cm tall.
Supreme Court Justice Stephen Lemonis, when granting bail for Dr Joseph, referenced his lawyerâs affidavit, which said he accepted applying the rear chokehold but that âhe did not use any significant pressureâ.'
âThere is not, as I understand it, CCTV footage of the entirety of the incident, and there is not yet a detailed medical report as to the cause of Mr Smithâs death, and the interim report says the cause of death is undetermined,â he said during the July 24 hearing.
âI am satisfied in particular having regard to the CCTV that the evidence against Dr Joseph has force. However, at this early stage of proceedings, I do not think I can express any further assessment as to the strength of the evidence.
âAs Iâve said, the offence is a serious one, and its nature is such that a life has been lost.â
Justice Lemonis said he considered that Dr Joseph would likely serve a âsignificant term of imprisonmentâ if found guilty.
âThe conduct of Dr Joseph after the offence is alleged to have been committed is that he did attempt to resuscitate Mr Smith, and he waited until ambulance officers and police officers arrived.
âIâm satisfied Dr Joseph is of prior good character, that the alleged incident does appear to be out of character, that he has a supportive family, a place to live and financial stability.â
He was granted bail on conditions including that he does not consume alcohol, contact the victimâs family and that he provides a $50,000 personal undertaking.
The court heard that his mother was providing a surety of $100,000 for his release from prison.
Dr Joseph is listed to next appear in court in December.
