Dr Olajide Olusesan Ogunseye attempts to appeal rape conviction after retrial ends in guilty verdict

A Queensland doctor is attempting to overturn his guilty verdict once again, after being found guilty by two juries of raping a patient.

Hervey Bay Dr Olajide Ogunseye. Photographer: Liam Kidston

A Queensland doctor is attempting to overturn his guilty verdict for the second time after being found guilty by two juries of raping a patient.

Dr Olajide Olusesan Ogunseye was originally found guilty of the single count of rape by a Brisbane jury in 2020.

It was alleged by the prosecution that he had penetrated the woman with his finger and tried to kiss her during a pap smear at his Hervey Bay business in October, 2018.

The court heard how the woman had recorded two conversations with Dr Ogunseye some days after he raped her, in which the prosecution said Dr Ogunseye had sounded “very very apologetic”.

Dr Ogunseye was convicted and sentenced to 20 months imprisonment, suspended for 20 months after he had served eight months in actual custody.

But he successfully overturned that conviction in 2021 and was granted a retrial.

Regarding the phone conversations, the appeal judges noted: “Although the appellant did not expressly admit committing the offences, he said words that were capable of being regarded as tacit admissions”.

According to appeal documents, the defence had led evidence from a professor of linguistics that submitted that Dr Ogunseye was not admitting guilt by apologising, but instead attempting to pacify the situation.

The linguistics professor said in Dr Ogunseye’s Yoruba culture there was no equivalent to the English word “sorry” as implying an acceptance of wrongdoing.

The appeal judges found there had been a misdirection in part of what the judge said to the jury regarding an attack on the linguistics professor’s credit.

But Dr Ogunseye was found guilty of the same rape charge once again at his retrial in November 2022.

He received the same sentence of 20 months imprisonment, suspended for 20 months after he had served eight months in actual custody.

In July 2024, Dr Ogunseye attempted to appeal his sentence once again - despite having already served all of his eight months in actual custody.

Defence barrister Mark McCarthy submitted to the Court of Appeal on July 15 that certain evidence presented to the jury during the retrial, regarding the deletion of one of the recordings, may have affected the verdict.

He said the woman had attempted to record Dr Ogunseye, but he had realised and asked her to delete it.

Mr McCarthy raised concerns by the way the prosecution had characterised this interaction throughout the retrial as Dr Ogunseye “pressuring” the woman.

The prosecution argued that the evidence had simply been placed before the jury to provide context and to support the complainant’s trustworthiness.

They said appealing Dr Ogunseye’s conviction would carry significant weight given his medical background, regardless of him having served his custodial sentence.

The judges reserved their decision until a later date.