Judge rejects man’s explanation for arson
James Pendergast of Bell Island ‘not a credible witness,’ judge rules
He had insisted it was someone else who broke into his exgirlfriend’s home and set it on fire last February, but a provincial court judge didn’t believe James Pendergast.
“I did not find Mr. Pendergast to be a credible witness,” Judge Jacqueline Brazil said Monday afternoon, finding the 46-yearold Bell Island man guilty of break and entry and arson.
Pendergast told the court during his trial earlier this month that he was close friends with his ex-girlfriend and had decided to pay her a visit around 4 a.m. on Feb. 10. When he got close to her door, he said, he noticed the glass had been broken. He said he was worried about the woman and went inside the house to look for her, though he didn’t check her bedroom. When he realized she wasn’t home, he left, he said.
A couple living next door had testified they were awoken that morning by the sound of breaking glass, and looked outside and saw Pendergast, whom they both know, reaching inside the broken door window and unlocking the door. They said they watched him go inside the home and could see him moving around and briefly turning on the light before leaving, reaching back in through the broken glass to lock the door as he left. As Pendergast got to the end of the driveway, the couple testified, they noticed smoke coming from the eaves of the home.
It was later determined that the fire had been intentionally set in a box of clothing and books in a storage room off the living room of the residence.
Pendergast offered an explanation: he said whomever had broken into the woman’s house must have hid in her bedroom while he was inside looking for her, then set the fire as he was leaving, before leaving unnoticed.
In bringing down her decision, Brazil acknowledged the evidence against Pendergast was circumstantial but significant. She pointed out that Pendergast had said he entered the home because he was concerned about the woman, yet he didn’t bother to call her or text her to let her know her house had been broken into. He did send her a series of texts, Brazil noted, but never mentioned he had been at her home.
“But he cavalierly mentioned her being out with another man,” Brazil said, later adding, “I do not believe the evidence of the accused.”
Pendergast had also been charged with cruelty to an animal, since the woman’s pet dog had perished in the fire, but the charge was later withdrawn.
Pendergast, who is in custody, will be back in court Oct. 12 to be sentenced.