A surgeon at the King Edward VII Memorial Hospital is to have a second summons issued against him after he repeatedly ignored requests to give a written statement or evidence in the inquest of a road accident victim.

Coroner's Court heard yesterday that it was not the first time Dr. Council Miller had failed to appear or give written representation in court regarding the care of his patients.

He had been asked several times by Police officers to give an account of the hospital treatment of 67-year-old Frederick Leroy Trott prior to his death last October.

Mr. Trott is believed to have stepped into the path of a motorcycle on North Shore Road, in Hamilton Parish, around 9 a.m., on September 20 last year.

He suffered a fractured skull and was admitted to the King Edward VII Memorial Hospital's Intensive Care Unit, but then began to make a good recovery and was allowed on a general ward.

His condition appeared good and doctors asked his family to make arrangements for him to be discharged.

Mr. Trott's brother, Marvin Trott, told the court that he had visited social workers and was arranging his new living arrangements when he got a call from the hospital saying he had taken a turn for the worst.

Mr. Trott, from Hamilton Parish, went into a coma and later died. A pathologist's report stated that he had died of severe head trauma.

Yesterday, Dr. Miller, who is on vacation, came in for criticism from Mr. Trott's family, Police Coroner's Officer Sergeant Phil Taylor, and Coroner Carlisle Greaves.

As a result of his absence and to enable the family to have some closure, the inquest was adjourned for a second summons to be issued demanding Dr. Miller attend the court.

If he fails to show up, a warrant could be issued for his arrest.

Eight other witnesses were in court yesterday, and went ahead as planned and gave their evidence.

Sgt. Taylor told the court: "At this point, I was going to call Dr. Council Miller. However, he has been evasive to investigating officers. He has failed to answer numerous telephone calls and has also failed to submit a report on his actions.

"He was the attending surgeon with regard to Mr. Trott from when he was admitted until he was certified dead on October 7.

"I did cause a witness summons to be sworn, however, he was evasive to the point where that summons could not be served, and he has gone on vacation. The Police have made many attempts to contact Dr. Miller. I wanted Dr. Miller to be here today, so the family could ask questions."

Sgt. Taylor said he planned to write to the hospital's Chief of Staff, Dr. June Hill, outlining the problems.

The deceased's brother asked for the case to be adjourned, but Mr. Greaves allowed the other witnesses to give their evidence and said he would then decide if a verdict could be reached.

Mr. Trott, who was with other members of the family, said: "My query and concern is that I certainly visited my brother in hospital and at one point it appeared that he was getting better, to the extent that the hospital called me and asked if I could make some arrangements for his discharge."

Mr. Trott said he was still finalising the details when he got the call of bad news.

He added: "I suspect that had I been able to make some hastier arrangements with respect to housing, he would have been discharged.

"I have a little bit of difficulty in understanding how, in these circumstances, within a few days he could have died and left us. I personally feel that Dr. Miller ought to be able to explain that a little bit further to the family, and I could not say at this time what that might be or how the family might feel beyond his personal statement."

Mr. Trott said the family may have a lawyer present to represent them when the inquest is resumed.

Mr. Greaves said this was not the first time he had had problems with Dr. Miller.

The Magistrate added: "We have a power of arrest under this Act. His excuse to me last time was that he is the only surgeon. Their (doctors') duty goes beyond just examining people. They have a duty to complete the process."

And he told the family their concern was justified.

He added: "I understand your concern very well. I don't think this is trivial in any way and I will favour your submission."

Mr. Greaves ordered the second summons be served on Dr. Miller as soon as he returns from holiday on August 12, and stipulated that the inquest be completed at the earliest opportunity that week., and no later than 2.30 p.m. on Thursday, August 17.

The rider of the motorcyle involved in the collision, 20-year-old Denny Paynter, of St. David's, was overcome as he gave evidence at the inquest yesterday.

He said he had been riding with his girlfriend Tamesha Hodgson, who was a student at CedarBridge Academy, along North Shore Road, when Mr. Trott seemed to leap into the path of the bike. He told the court he was travelling at about 40 kph at the time.

He and his girlfriend received only minor injuries. Police said a rider would have had little chance to avoid the collision in the circumstances.