B.C. doctor acquitted of sexual assault charge

A medical stethoscope is seen in this undated image. (Shutterstock)

A B.C. doctor has been found not guilty of sexually assaulting a female patient, according to a recent court decision.

Dr. Olumuyiwa Bamgbade, who specializes in pain management, was acquitted of one count of sexual assault last week after a judge-alone trial in Surrey provincial court.

The patient, whose identity is protected by a publication ban, alleged Bamgbade “kissed her and touched her breasts” during an appointment in July 2022, the judge’s decision said.

At the time, Bamgbade was prohibited from treating female patients without a “chaperone” approved by the B.C. College of Physicians and Surgeons, the court heard. However, the patient testified she was alone with the doctor when the alleged assault occurred.

Part of Bamgbade’s defence was that the patient’s allegations were false, fabricated because she was “engaged in drug seeking behaviour” and the doctor had “refused to prescribe additional medications,” according to the decision.

The judge found there was insufficient evidence to support this claim.

Overall, the judge found the allegation was not proven beyond a reasonable doubt.

Specifically, the judge concluded the assault could not have unfolded as alleged because “the account of the touching and kissing is incompatible with the lay out in the room where she spent time alone with Dr. Bamgbade.”

Ultimately, the judge found the patient’s testimony had “material inconsistencies and improbabilities,” and lacked reliability.

“As a result, I am left with a reasonable doubt that Dr. Bamgbade committed this offence. I find Dr. Bamgbade not guilty,” the decision concluded.

In a separate case involving a female patient from 2019, Bambgade was charged with one count of sexual assault and one count of administering a stupefying drug. The trial on those charges is ongoing, according to the B.C. Prosecution Service.