'Keep the community safe': Police outline reasons for concern about accused 'sleepwatcher'
Royal Newfoundland Constabulary seeking to have conditions placed on Barry Edward Sinclair
A Royal Newfoundland Constabulary officer has outlined for a judge why the police force is seeking a rare type of peace bond against a man once accused of being the so-called Halifax "sleepwatcher."
RNC Const. Stephen Picco said in provincial court Friday that he believes Barry Edward Sinclair needs "conditions placed upon him to keep him and to keep the community safe."
In court documents filed last year, the RNC indicated it has reasonable grounds to believe that Sinclair "will commit a serious personal injury offence."
Police want a provincial court judge to order Sinclair to abide by a series of conditions.
But Sinclair's lawyer, Ellen O'Gorman, said her client doesn't have a history of violence, and there is no reason to believe he will commit a "serious personal injury offence."
She asked for a directed verdict in favour of her client. That means the case would be dismissed, because the Crown did not provide sufficient evidence.
Judge Mike Madden asked O'Gorman and Crown lawyer Jennifer Colford to present arguments on the "serious personal injury offence" issue, and how it applies to this case.
The matter will be back in court Jan. 26.
RNC officer details Sinclair's history
Earlier Friday, Picco summarized to the court his review of police and correctional records and interviews related to Sinclair.
He said there was a "theme" that came out during that review: Sinclair "never took responsibility for the sexual nature of the crimes of which he was accused."
And, Picco said, Sinclair did the "bare minimum" of counselling offered to sexual offenders, insisting there was no sexual purpose to his crimes.
Picco said there were allegations that Sinclair was caught in 2002 observing a seven-year-old girl in a washroom stall in Halifax. No charges were laid.
In 2015, according to Picco, Sinclair was observed looking at female staff in the washrooms and showers at the Springhill correctional facility in Nova Scotia.
Picco told the court that in 2016, Sinclair was sent to a facility in Bishop's Falls after his parole was revoked for cocaine use.
Officials there called him "secretive about what he was doing during the days."
Newspaper clippings were found in his room. Those included several "Walmart-style" ads of women, others of real estate agents, and clippings from dance studios and security firms.
Picco said Sinclair denied owning those newspaper clippings. He had a roommate at the time.
'Bare minimum' testimony challenged
Defence lawyer Ellen O'Gorman cross-examined Picco, challenging his testimony about Sinclair doing the "bare minimum."
O'Gorman cited a 2016 report that stated Sinclair attended all 25 counselling sessions that he was required to attend, and that he was punctual and prepared for these sessions.
I don't think anyone wants to wake up in the middle of the night and have Mr. Sinclair in their backyard.- RNC Const. Stephen Picco
She quoted the report, that says Sinclair made remarks about his crimes and the harm that his actions caused, and that he "felt bad" about committing them.
Picco defended his remarks, stating that different reports show differing levels of engagement on Sinclair's behalf.
O'Gorman asked Picco to elaborate on his concerns about Sinclair.
In a reply, Picco cited Sinclair's history of voyeurism.
"I don't think anyone wants to wake up in the middle of the night and have Mr. Sinclair in their backyard," Picco said.
Criminal history dating back to 1980
Sinclair has a criminal history that spans nearly four decades.
According to his Canadian Police Information Centre (CPIC) database file, which was entered into evidence, Sinclair's first conviction dates back to 1980 in Clarenville, for break and enters.
Parole Board of Canada documents previously obtained by CBC News showed that Sinclair has been sentenced to five federal prison terms.
Sinclair has been convicted of property offences, impaired driving, four counts of being unlawfully in a dwelling, three counts of trespassing at night, break and enter, sexual assault and criminal harassment.
In 2012, Sinclair went on trial in Halifax, accused of voyeurism-related offences linked to the so-called "sleepwatcher" case.
Evidence presented during the trial included video cassettes seized from Sinclair's home.
Picco told the court Friday those included recordings of three women engaged in sexual activity. He said those women told police that they didn't consent to being filmed.
The judge ultimately ruled that there was insufficient proof that Sinclair actually made the recordings, and acquitted him.
But Sinclair was convicted of a separate break-in.
A woman who lived in a Halifax apartment woke up when she heard her bedroom door open, and saw a shadowy figure, who fled.
Sinclair left a key piece of evidence — his cell phone — behind. It was found in a mop bucket in the woman's apartment.
He was sentenced to five years.
Released from custody in 2017
Sinclair was released from custody in February 2017.
Soon after, the RNC arrested Sinclair under a section of the Criminal Code related to crimes that haven't happened yet, but which they believe will.
Sinclair was released under a series of conditions pending a full hearing on the matter. He has been living in St. John's.
In October, after CBC News reported on the police peace bond application and Sinclair's history, the RNC issued a public advisory saying the force has "reasonable grounds to believe that Sinclair will commit a serious personal injury offence against a woman."
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