Judge reserves verdict in Halifax sleepwatcher trial

A judge has reserved his decision in the so-called sleepwatcher case, which has gripped Nova Scotians for more than a year.

Barry Sinclair, 50, was charged with two counts of break and enter and several counts of voyeurism related to photographing scantily-clad young women in their bedrooms without their knowledge.

Justice Michael Wood will deliver his verdict Nov. 27.

In court Tuesday, a 22-year-old victim, who cannot be identified, testified she woke up to find a man in her south-end apartment bedroom. He was crouched down, and she saw deep-set eyes starting at her. She said his mouth was open.

But she later picked a man other than the accused from a police lineup.

Identity questioned

"It's a case based on identification," said defence lawyer Luke Craggs.

The Crown said it's about circumstantial evidence. At another break-in on the same night, just a kilometre away, the occupants found a cell phone that a text message and Bell Aliant records confirm belonged to Sinclair.

"Equally compelling is the fact that the last use of that cellphone was mere hours before this break-in occurred, no use of it subsequent and that cellphone is tied to Mr. Sinclair," said Crown prosecutor Denise Smith:

Sinclair's lawyer said there was more than one man breaking into bedrooms on the night of Sept. 15, 2011.

Sinclair was charged with voyeurism after police found a video in his dresser drawer showing women unaware they were being "watched" as they undressed.

Craggs said the five-year-old tape isn't enough for all of Sinclair's charges to stick.

"You'd have to have a machine that could record the tapes at the time the tapes were made. You'd have to be the only person in the only position to record them," he said.

A police search of Sinclair's Dartmouth apartment did not turn up a camera. The Crown did enter pawnshop evidence showing Sinclair had once owned a camcorder.

Sinclair arrested in September 2011

Sinclair has been in custody since he was arrested in September 2011. He was denied bail in May.

At the time of his arrest, a woman who lived on Shirley Street told CBC News a man had crept into her home early on Sept. 15 and was discovered by her roommate.

That same day, less than two hours later, a man was chased out of a South Street bedroom by a young woman's screams.

Their stories were similar to those of more than a dozen young women in Halifax's south end, who in recent years have reported waking up to find a stranger watching or touching them.

The suspect became known as the sleepwatcher.