Jury finds Far North Queensland doctor not guilty of rape

A jury has returned a not guilty verdict in the case of a Far North Queensland doctor accused of the rape of his wife.

The Cairns Court House building on Sheridan Street. Picture: Brendan Radke

A Far North Queensland doctor has been found not guilty of the rape of his wife, ending a week-long trial in Cairns District Court.

The jury returned a not guilty verdict in under two hours. During the week-long trial the court heard evidence from the doctor, and recorded evidence from his wife.

The woman had alleged she was raped by her husband in late 2018. She went to police with the allegation more than two years later.

The man pleaded not guilty, saying he had not raped his wife on the day in question, nor on any other day.

In summing up , Judge Joshua Trevino KC said the prosecution case was that the jury should convict based on admissions made by the man in a telephone conversation, similarities between the accounts of the incident from the man and the woman, and the reliability of the woman’s evidence.

Judge Trevino said the defence case was that the woman’s accounts were inconsistent and had changed over time; and that there was not forensic or eyewitness evidence of rape.

Judge Joshua Trevino KC during a welcome ceremony in the Brisbane Supreme Court. Picture: NCA NewsWire/Tertius Pickard

He said the defence also relied upon evidence presented that the pair engaged in affectionate exchanges and activities together after the alleged incident.

The defence also called character witnesses, two Far North Queensland doctors, who had worked for the man for some time and described him as ‘honest ‘.

During the trial, the court was told the woman made a covert recording of her husband apologising for his behaviour related to a sexual encounter.

The defence argued the man was not speaking about the day in question, but rather referring to another occasion when the pair had consensual sex.

In his closing arguments defence counsel Craig Eberhardt KC told the jury the woman had “powerful motive to lie”.

“There is no objective evidence, no photos, no bruising, no medical examination,” he said.

“Look at how the cracks appear and look at whether she has told a consistent story.”

The jury deliberated on the case for less than two hours before returning a not guilty verdict.

Originally published as Jury finds Far North Queensland doctor not guilty of rape