Judge reserves decision in sexual assault trial of former SMU groundskeeper

A judge has reserved her decision in the case of a former groundskeeper at Saint Mary's University who is accused of sexual assault and voyeurism.

Lawyers for Matthew Percy and the Crown made their final arguments Friday before provincial court Judge Elizabeth Buckle.

She reminded the lawyers she could accept none, some or all of the evidence from the witnesses she heard in this trial.

A woman alleges she was raped in a dorm room at the Halifax university after a night of heavy drinking in September 2017.

Defence says sex was consensual

Percy testified that the sexual activity was consensual. His lawyer pointed to two videos police recovered from Percy's cellphone to support that argument. He made two very brief videos of the sexual activity. In one, he can be heard asking the complainant if she wants him to stop. Both Percy and his lawyer insist that she answered "no."

What the video shows

The video, which was the focus of much of the closing arguments, was played repeatedly in court, including on Friday.

The video shows the complainant sprawled naked on a bed. Her head is lolling off the edge, her arms are flung out at her sides and her eyes are closed. She makes some unintelligible sounds.

The defence argues that if the judge accepts that the woman can be heard consenting in the video, Percy must be acquitted.

Crown says woman couldn't consent

The Crown counters that if the judge studies the video closely, she will see that the complainant is not moving and is unconscious. Therefore, the Crown argues, the woman could not consent and Percy must be convicted.

Percy said the woman consented to the video. The woman testified that she wasn't aware the video was being made and wouldn't have consented if she had. The voyeurism charge centres on the question of whether the video was made surreptitiously without the woman's consent.

Decision coming Dec. 14

The judge told the lawyers she needs time to weigh the complicated legal issues and evidence raised in this case. She will hand down her decision on Dec. 14.

Four women have accused Percy of sexual assault. He was acquitted on one set of charges, but the Crown is appealing that acquittal. The lawyers went before a Nova Scotia Supreme Court justice on Thursday to start preparations for Percy's third trial. His fourth trial is scheduled for next year.