A rape charge against Victorian state MP Theo Theophanous has been thrown out.Mr Theophanous, 61, was charged with raping a woman on a red couch at Parliament House in September 1998.It was alleged the rape took place in the MP's chambers after the pair shared a late night drink at a nearby cafe.Final submissions in the case concluded today in the Melbourne Magistrates Court.Magistrate Peter Reardon said there was insufficient evidence for Mr Theophanous to stand trial.Mr Reardon described the woman as an entirely unreliable witness."I have concluded in this particular case that the prosecution case is not sustainable,'' he said.Mr Theophanous thanked the magistrate as he formally discharged him. He then hugged family members and supporters.The Office of Public Prosecutions can elect to directly present Mr Theophanous to trial if they believe Mr Reardon made the decision in error.Delivering her closing address earlier today, prosecutor Michele Williams had urged Mr Reardon to commit the MP to trial.She said the alleged victim's version of events had not changed despite rigorous cross examination."We ask your honour to do one thing and that is to commit the defendant to trial,'' she said.But Mr Theophanous' lawyer Robert Richter, QC, said there was insufficient evidence for the MP to be committed to trial.Mr Theophanous made no comment to reporters as he left the court with his wife Rita and other family members.Mr Richter said Mr Theophanous would be making a statement later today.Mr Theophanous stood down as industry and trade minister after he was charged with rape last Christmas Eve but remains a parliamentarian.He has always strenuously denied the charge.The alleged victim, who had known Theophanous socially, told police she had met the upper house MP on September 10, 1998 for a drink at a cafe.She alleged he then took her on an evening tour of Parliament House and when they reached his office he raped her on a red couch and covered her mouth to stop her from screaming.The alleged victim said she had phoned a friend three times that night to seek help before and after the alleged attack and had told her she had been raped.But during the three-week committal hearing, some of the woman's friends disputed her version of events and branded her a liar.The woman who was allegedly phoned on the night from the complainant denied being told about the sexual assault and friends accused the complainant of inventing conversations and falsifying emails attributed to them to support her allegations.A former romantic dalliance said the woman, who now lives in Greece, had bragged to him about a married man making a move on her at Parliament but that she had seemed amused by it.Mr Richter labelled the woman a fantasist who was hoping to somehow profit from the sexual assault allegations.He accused the police of pursuing an unsubstantiated case against Mr Theophanous and damaging his career.Solicitor Bruce Burdon-Smith said the woman had told him in 2006 that she was "looking for justice in the form of dollars'' but he said he did not believe the woman was chasing money."This is a farce investigation, your honour. If this did not have such tragic consequences as to force a minister of the Crown to stand down whilst it was investigated it would make a comedy farce on television," Mr Richter said yesterday.But crown prosecutor Michele Williams, SC, said phone recordings had backed the woman's claims and she had not wavered from her account of what happened during a rigorous cross-examination.She said a 19-year-old woman's evidence that she had been sexually harassed by Theophanous over several weeks in 1998 showed what could be a pattern of behaviour by the veteran politician.The alleged victim's brother said his sister had returned on the night of the alleged attack with two red marks on her face and had appeared traumatised.He said his sister had not told him she had been raped until eight years later but he remembered her coming home distressed after meeting Mr Theophanous.And a friend told the court she had urged the woman to go to police when she had rung her the following day distraught and claiming Mr Theophanous had raped and hurt her.Sergeant Smith told the court one witness who denied having known about the attack had given contradictory evidence in her police statement.During the committal, Mr Theophanous admitted he had sent the woman some risque text messages but said the woman's claims of rape were delusional.The hearing, in front of magistrate Peter Reardon, had at times become fiery with each side accusing the other of trying to ruin the reputation of either the accused or Mr Theophanous.Ms Williams at one stage asked Mr Reardon to consider removing Mr Theophanous and his wife Rita for outbursts during the proceedings.Mr Reardon said during the hearing that the committal was in danger of "turning into an O.J. Simpson-type case''.