Judge ‘reluctantly’ adjourns Percy’s sentencing
Matthew Albert Percy's sentencing on a charge of sexual assault causing bodily harm, from an encounter with a Halifax university student in 2014, has been adjourned until February at his request.
Percy, 37, was found guilty in July following a trial in Nova Scotia Supreme Court in Halifax.
The Halifax man was scheduled to be sentenced Friday but defence lawyer Michelle James asked for an adjournment Wednesday so the defence can retain its own expert for a sexual offender risk assessment.
The court has already received an assessment from Dr. Angela Connors, a forensic psychologist.
That report, requested by the Crown in July, has not been discussed in court, but Percy and his lawyer want a second opinion.
At trial, the Crown alleged Percy raped an intoxicated young woman at her Dalhousie University residence Dec. 6, 2014, after meeting her outside a bar in downtown Halifax and inviting her to get a poutine.
Percy was accused of forcing the complainant to engage in various types of sex in her bedroom and bathroom, leaving her with bite marks and bruises on her body and unable to sit down.
The woman went to police two days later and was taken to hospital for a sexual assault examination. Police closed the file in January 2015 without laying charges but a different investigator reopened the case in early 2018, after Percy was charged with sexually assaulting two other university students.
Percy did not testify at trial, but the prosecution tendered a video of his Dec. 16, 2014, police statement, in which he portrayed the interaction as a one-night stand that involved rough but consensual sex. He said that when he told the woman he wanted to have anal sex, she said no but “finally” said OK after he pleaded with her.
In his verdict, Justice Josh Arnold said he was not sure that the sexual activity that occurred in the bedroom was non-consensual. But he said he was convinced beyond a reasonable doubt that Percy had forced anal sex with the woman in front of the bathroom sink, followed by nonconsensual intercourse in the shower.
PERCY’S THIRD TRIAL
It was Percy's third trial on sex-related charges involving young women who had been drinking downtown. He was acquitted in August 2018 on charges of sexual assault, choking and voyeurism and convicted in December 2018 on charges of sexual assault and voyeurism.
Those two incidents happened in September 2017. The complainants were both students at Saint Mary's University, where Percy worked as a groundskeeper.
James was hired by Percy this September after he fired Peter Planetta, who had represented him at the trial. She told the court Wednesday that she has talked to experts outside Nova Scotia who say they could meet with Percy by video for an assessment.
She said she is awaiting approval of funding for the assessment from Nova Scotia Legal Aid, which is paying for Percy's defence.
Prosecutor Rick Woodburn opposed the adjournment request, saying there's too much uncertainty about how long it will take the defence to get a second opinion and Percy has not explicitly waived any claim of unreasonable delay.
Woodburn also said the victim was expecting the sentencing to happen this week. “It's been a long time for her and she … wants closure on this matter,” he said.
The judge adjourned the sentencing until Feb. 22 and 23 but said he was doing it “reluctantly” and doesn't want any further delays.
“I appreciate that everyone would like closure in relation to this, but it needs to be done properly,” Arnold said of the sentencing.
He made the adjournment conditional upon James filing a waiver of a delay argument on behalf of Percy. James said she should be able to do that by noon Thursday.
Percy has been behind bars since December 2017. He has a fourth trial set for November 2021 on charges of sexual assault causing bodily harm, assault and choking, from a November 2013 incident at a Halifax woman's apartment.