Woman testifies ex-SMU groundkeeper raped her in dorm room

A former student at Saint Mary's University has testified in a Halifax courtroom that she was raped on campus last September by a former university employee now accused of sexually assaulting several women.

Matthew Percy, 35, who worked as a groundskeeper at the university, is facing the second of four trials relating to different women. The first, involving a complainant who also accused Percy of attacking her last September, ended in acquittal earlier this month.

His second trial, on charges of sexual assault and voyeurism, opened Monday in Halifax provincial court with testimony from a woman who described an evening last September.

The woman, whose identity is banned from publication, said she'd had about half a bottle of wine before going to a bar on campus and had another six drinks once she arrived.

She said she and some friends then decided to go to the Dome, a nightclub in downtown Halifax. While there, the woman said she was drinking champagne and hard liquor, and became quite impaired.

Ran into Percy on way home

The woman said around midnight, she left the Dome and started looking for a taxi. Instead, she ran into Percy who she said suggested they walk back to Saint Mary's.

There are gaps in the woman's memory of that night. After meeting Percy on a street corner, she said the next thing she remembers is crying in the parking lot of the Victoria General hospital, which is a few block from the Saint Mary's campus.

In court, Crown prosecutor Rick Woodburn asked the woman to narrate a series of short videos that were obtained from security cameras on the Saint Mary's campus. They show Percy and the woman walking up to and then entering a building.

The videos track their movements through common areas. The woman confirmed it is her in the videos, but told court she had no recollection of the walk. She also remarked she is clearly staggering and unsteady on her feet; at one point her shoulder grazes a wall and Percy is seen holding her hand.

The woman testified she and Percy ended up in a dorm room in the building. She said his demeanour changed — he became very quiet and she was afraid. She testified she took a shower, in part to put a door between herself and Percy. 

Rape kit administered that night

She said prior to taking the shower, she took a sleep aid that she uses regularly because she has trouble sleeping. She said she was lying on the floor in the shower in the dark when the bathroom door opened.

Someone pulled back the shower curtain and carried her into the other room. She said it was only then that she discovered Percy was the person carrying her.

The woman said the next thing she remembered was Percy lying naked on top of her and she was in a lot of pain.

She said some time later, she woke up to find Percy asleep in the bed next to her. She fled the room and went in search of university security guards. She asked them to call police.

She was taken by paramedics to hospital where a rape kit was administered. After a few hours in the hospital, she said she went to police headquarters to give a statement.

Percy has pleaded not guilty to the charges. He is in custody and is no longer employed by Saint Mary's.

Before the trial got underway Monday morning, Judge Elizabeth Buckle and the Crown addressed issues that had come up in pre-trial meetings.

Woodburn said the complainant had been given the options of testifying from behind a screen or by videolink from a remote location. Woodburn said the woman declined both offers.

Video watched in court

The court watched a video extracted from Percy's cellphone Monday. The video was shown at Percy's first trial, where the Crown tried to introduce it as similar-fact evidence. It shows a woman lying across a bed. Her head is lolling off the side of the bed and she appears to be unconscious. She can be heard moaning incoherently.

In deference to the complainant, the video was only shown on small screens mounted around the courtroom instead of on the large screen that is positioned high on the wall.

'I gave as much as I could remember'

The woman said it was her in the video. She told the court she never consented to being videotaped.

She said she had a brief memory of telling Percy to stop sexual contact.

Brad Sarson, the lawyer for the defence, challenged the woman's recollection of events, saying her testimony in court didn't match what she initially told police.

The woman said she was sick when she spoke to police and she said that is why some details were omitted. Since giving the initial statement, the woman said she has remembered more details from the alleged attack.

The woman said if she had known at the time that her first statements to police were going to be scrutinzed, she would have taken more time or would have asked to give statements later.

"I believe I was being truthful," she said. "I gave as much as I could remember."

Two other women have also accused Percy of sexual assault. Their cases will be dealt with later. 

The CBC's Blair Rhodes tweeted from court. Mobile users can follow along here.

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