Two charges of sexual assault against a former doctor have been dropped, the day before a hearing of the case was set to start.
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The charges alleging Obiyo Chigozie Nwigwe, 45, sexually touched a 17-year-old were struck out at the Ballarat Magistrates' Court on Wednesday.
No further charges are proceeding.
The case was set to run at court as a two-day contested hearing on Thursday and Friday.
The matter was heard at court on Wednesday last week for a special mention to prepare the case for the hearing.
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It was expected the defence would argue during the contest even if the complainant's evidence was accepted, it fell short on a legal basis in making out the charges.
Nwigwe is currently serving a jail term after pleading guilty to sexual penetration of a child under 16 and one of using a carriage service to transmit indecent images to a child under 16.
He was sentenced to six years and six months' imprisonment, with a non-parole period of four years and three months, at the County Court last year.
A prosecution attempt to increase his sentence was knocked back at the Court of Appeal in February.
Nwigwe was described as a "wolf in sheep's clothing" as he began to prey on the 13-year-old victim after his wife travelled overseas.
Nwigwe told the victim he loved her, kissed her and sexually penetrated her early on but the offending quickly escalated to "numerous acts" of sexual intercourse.
He also sent naked photos of himself to the victim in an exchange of almost 1000 messages.
Nwigwe formerly worked as a doctor in the emergency department at Bendigo hospital.
He moved to Ballarat with his family in November 2019. He was married with three young children.
Nwigwe was born in Nigeria but had been living in the United Kingdom before moving to Australia.
Affected by this story? You can phone the Ballarat Centre Against Sexual Assault, in Sebastopol, on 5320 3933, or free-call the crisis care line 24 hours on 1800 806 292.
Or phone Lifeline on 13 11 14, the Blue Knot Foundation on 1300 657 380, or Relationships Australia on 1300 364 277.
Rochelle Kirkham
Rochelle covers court and has a particular interest in social issues including homelessness, food security and family violence.
Rochelle covers court and has a particular interest in social issues including homelessness, food security and family violence.
