Judge to rule next month on alleged ‘Sleepwatcher’ peace bond

In the 14 months Barry Sinclair has been living under restrictions placed on him by the court, he has abided by them all without a single issue, his lawyer told the court Friday.

That’s exactly the point, the Crown countered.

“Perhaps the reason we haven’t had any further issues is because he has been under conditions and close surveillance and he’s aware of that,” prosecutor Jennifer Colford said.

Colford, on behalf of the RNC, is seeking a rare type of peace bond against Sinclair, who has no current charges before the court. He does have an extensive criminal history, however: 30 convictions, including multiple break-ins, a sexual assault, trespassing at night and being unlawfully in a dwelling, and it’s for this reason police want the preventative order. They say he’s a danger to commit a “serious personal injury offence” against a woman and want him to abide by certain conditions for one year, to “keep him and to keep the community safe.”

Sinclair’s most recent conviction was in February 2013, when he was given a five-year jail term (minus a year credit) for a breakin in Halifax. He had also been accused of five counts of voyeurism in connection with the Halifax “sleepwatcher” case, but was acquitted. Police say, however, the break-in had a “voyeuristic aspect” to it and believe Sinclair intended to watch a woman as she slept.

Sinclair moved back to this province in February 2017 and police began legal proceedings shortly thereafter, with the court giving Sinclair 15 conditions by which he must abide pending the outcome.

Since then, defence lawyer Ellen O’gorman said Friday, Sinclair has been subject to police officers stationed outside his home, surveillance cameras, knocks on his door in the middle of the night by officers confirming he is abiding by his curfew and intense media scrutiny.

“He’s certainly been vilified,” O’gorman said, adding Sinclair has completed all treatment measures offered and suggested to him by corrections officials.

“If you’re going to ask what’s going to happen in the next 12 months, look at the last 12 months,” O’gorman said. “Listen to what Mr. Sinclair had to say in his testimony.”

Earlier this month, Sinclair took the stand, telling Judge Mike Madden he had turned his life around.

“I don’t want to go to prison. I don’t want any more victims. I don’t want to hurt nobody. Nobody has to fear (anything) from me. It’s not going to happen,” he said.

O’gorman insisted the judge should place little weight on the details of the charges for which Sinclair was acquitted in Halifax, but recognized they can’t be ignored completely.