A DOCTOR was acquitted of rape by the Suva High Court yesterday after the prosecution failed to prove his guilt beyond reasonable doubt.
The doctor was accused of raping his teenage niece twice in 2009.
On Thursday, the assessors had returned a guilty opinion.
Justice Salesi Temo said the prosecution had to prove the accused's guilt beyond reasonable doubt.
He said evidence that the teenage complainant was found twice in the girls' toilet at her school engaging in homosexual acts painted a picture of doubt on the issue of penetration.
He said the medical doctor who gave expert evidence in the trial evaded the question of the hymen being broken by the use of fingers. He said it seemed the doctor had made her mind up about the case.
Justice Temo said in his view doctors were supposed to be professionals who helped the court without getting too emotionally involved.