A Surrey doctor has been acquitted of sexually assaulting a patient after a judge found inconsistencies in the complainant’s testimony.
Surrey doctor acquitted in patient assault trial
Court Ruling
A Surrey doctor has been found not guilty of sexually assaulting a patient after a provincial court judge ruled that inconsistencies in the complainant’s account created reasonable doubt.
Who Was Involved
Dr. Olumuyiwa Akinwumi Bamgbade, an anaesthesiologist and interventional pain physician, was charged in connection with an incident involving a 66-year-old patient at the Salem Pain Clinic in 2022. The patient’s identity is protected by a publication ban.
Allegations Raised
The complainant alleged that during a medical appointment in an examination room, Dr. Bamgbade kissed her “passionately” and touched her breasts without consent. The doctor did not testify in his defence and called no witnesses.
Judge’s Findings
In delivering his ruling, Surrey Provincial Court Judge Mark Jetté said the patient’s description of events did not align with the physical layout of the examination room. Photographs presented during the trial showed contradictions, leading the complainant to suggest an alternate version of events.
Basis for Acquittal
Judge Jetté concluded that “material inconsistencies and improbabilities” in the testimony undermined the reliability of the allegation. “I am left with a reasonable doubt that Dr. Bamgbade committed this offence,” he said in his written decision.
Broader Context
The case underscores the challenges courts face when weighing allegations against medical professionals, where credibility and evidence are central to outcomes. Dr. Bamgbade has been formally acquitted of all charges.
