Murder charges against urologist, Daryl Allan Stephens, who worked in Ballarat from the mid 1980s to the end of 1992 and is now practising in Perth, are set to be reinstated.

The West Australian Director of Public Prosecutions will present an indictment in the Supreme Court next month for Dr Stephens to face trial on charges of wilful murder or an alternative charge of assisting a suicide, following the death of a terminally ill patient.

A magistrate dismissed murder charges against Dr Stephens and the dead womanChr(39)s brother and sister late last year, finding there was insufficient evidence.

The charges were laid following the death of 48-year-old Freeda Hayes, who was suffering from kidney cancer, and died at the Murdoch Community Hospice, on February 4, last year.

It was alleged she had been given a lethal drug injection by her doctor, Dr Stephens, with the help of her brother Warren William Hayes, aged 52, and sister Lena Dorothy Vinson, 56.

However magistrate Jeremy Packington dismissed the charges after a preliminary hearing in Perth in late November, last year, saying there were numerous problems with the prosecution case.

At the time, Dr Stephens told reporters he was ``very relievedChr(39)Chr(39) the case was over.

However the West Australian Director of Public Prosecutions announced this week that the charges will be reinstated.

The case, AustraliaChr(39)s first criminal case alleging euthanasia, is now set to be decided by a jury.

Dr StephensChr(39) lawyer Robert Mazza, talking to the ABC this week, confirmed he had been notified the DPP had decided to continue with charges of wilful murder or alternatively, aiding a suicide against all three defendants.

Mr Mazza said Dr Stephens was devastated by the decision.

``My clientsChr(39) reaction to this news has been one of complete devastation,Chr(39)Chr(39) he told the ABC.

A charge of wilful murder carries a mandatory minimum 15-year jail sentence in Western Australia.