Former SMU groundskeeper accused of sexual assault testifies he 'would never force himself on her'
Preston Mulligan | CBC News | Posted: June 28, 2018 9:43 PM | Last Updated: June 28, 2018
'I know I didn't talk vulgar to her, I was brought up better than that'
The former Saint Mary's University groundskeeper accused of sexually assaulting a student from the university in September 2017 said Thursday in Halifax provincial court that their sex was consensual and that he "would never force himself on her."
The cross-examination of Matthew Percy, 35, moved into its second day on Thursday with Crown attorney Rick Woodburn hammering Percy on the details of that night 10 months ago.
"Did you say, 'Would you like to go to the bedroom?' or, 'Do you want to go [to] the bedroom?'" Woodburn asked Percy.
At times Percy appeared exasperated with the level of detail Woodburn was asking him to recount.
"I know I can't recall every single conversation I had with her," Percy said. "But I know I didn't talk vulgar to her. I was brought up better than that."
Diverging testimonies
Woodburn continually asked him whether it was just a story he was sticking to in his testimony or whether he was remembering facts.
"It's not my version," Percy said. "It's the truth."
At one point, Percy told Woodburn that being in jail gave him time to think about what happened that night.
Woodburn asked Percy for details about what happened when he and the complainant left Cheers in downtown Halifax and took a taxi to his apartment.
It's at this point where Percy's testimony and that of the complainant's diverge.
Percy said when he got into the taxi after 3 a.m. on Sept. 3, he told the driver to take them to his apartment — but that he'd need to stop at a banking machine before they got there.
The complainant said she told the driver to take her directly home and that Percy changed that instruction.
While they were in the taxi, Percy said he suggested she come to his apartment.
"I asked her if she'd like to come in for a glass of wine. She said, 'No, I can't drink any more.' I said, 'OK, well at least come in for a glass of water.'"
Percy said he gave her a glass of water. Eventually, he said, the two ended up on his sofa and he started giving her a foot massage.
'Asked directly'
Percy said the two of them were kissing in the hallway of his apartment as they walked into his bedroom.
The complainant had earlier testified that Percy carried her to his bedroom. She also testified that she told him, "No sex tonight, no sex tonight."
Under cross-examination Thursday, Percy said he asked her directly, "Are you sure you want to have sex?" and that she agreed.
Percy recorded the complainant performing oral sex on him on his phone.
That video was played in court during the complainant's testimony. At one point during his own testimony, Percy referred back to the recording as corroboration that the sex was consensual.
Since his arrest in December, Percy has spent time under house arrest and in provincial jail, where is now. The cross-examination is on hiatus until Aug. 3.