Dr Olajide Olusesan Ogunseye in court for raping patient during pap smear

A Queensland doctor has again been found guilty of rape following a retrial in the Brisbane District Court.

Hervey Bay Dr Olajide Ogunseye. Photographer: Liam Kidston.

A second jury has found a Hervey Bay doctor guilty of raping his patient.

Dr Olajide Olusesan Ogunseye, 55, denied the sexual assault at his Hervey Bay business in 2018, but was found guilty by a jury and sentenced to 20 months’ imprisonment after his first trial.

In 2021, the Court of Appeal set aside the verdict and ordered a retrial, after finding that the trial judge had misdirected the jury.

The Crown’s case was that Dr Ogunseye had penetrated the woman’s vagina with one or more fingers while doing a pap smear on October 4, 2018, before trying to kiss her.

Some days later, the woman had several phone conversations with the Hervey Bay doctor, two of which were recorded, the Court of Appeal heard.

“Although the appellant did not expressly admit committing the offences, he said words that were capable of being regarded as tacit admissions,” the appeal court judges said at the time.

Barrister Angus Edwards argued throughout the original six-day trial that the woman was not digitally raped and it was all “an awful misunderstanding”.

However, a new five-day trial was held last week in Brisbane District Court in November 2022, and Dr Ogunseye was again found guilty of rape.

He was sentenced to 20 months’ imprisonment, suspended for an operational period of 20 months after serving eight months, with 242 days pre-sentence custody declared as time served.