Former Saint Mary’s University (SMU) groundskeeper Matthew Percy was on the stand at Halifax provincial court on Thursday afternoon, where he claimed his accuser was the “aggressor” during sexual activity at her dormitory room.
“She got naked and she got on top of me,” Percy testified at his second sexual-assault trial. “She was the aggressor when it came to having sex.”
Percy, 35, has been charged with sexual assault and voyeurism. This is his second of four trials.
Earlier in August, Percy was acquitted on charges of sexual assault, choking to overcome resistance and voyeurism from an incident with a different SMU student at his Birches Drive apartment.
READ MORE: Matthew Percy, former SMU groundskeeper, acquitted in sexual assault case
On Thursday, Percy testified that the complainant was “carefree” and “happy” during the 40-minute walk from Cheers Bar & Grill to her dormitory room.
Percy claimed the complainant’s mood turned “energetic” upon arriving back to the dorm, and she instructed him to sit down on the bed. Percy claims the woman got on top of him with lubricant in one hand and condoms in the other, then put them on his chest.
Percy alleges the woman’s demeanour changed after having sex.
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The courtroom also heard audio from one of the two recordings Percy made the night of the sexual encounter, where Percy could be heard at the end asking if the complainant was OK.
During cross-examination, Percy gave his interpretation of the timeline of events the night the alleged assault occurred. He testified that he went to three different bars, starting at the Lower Deck then heading to Argyle Bar and Grill and ending up at Cheers and the Liquor Dome.
Percy said he met the complainant on Argyle Street, testifying that she and a friend asked him where they should go drinking next. Percy says he suggested Cheers, and told the complainant and her friend that he could get them in free because he knew a staff member there.
Percy was pressed by the prosecution on his level of intoxication the night of the alleged assault. He claimed he was at around a six out of 10 upon leaving Argyle Bar and Grill around 1:45 a.m., but it “creeped up” to a seven when he got to Cheers.
When asked if he would have been able to drive after leaving Argyle Bar & Grill, Percy said he doesn’t know, as he’s never driven a motor vehicle in his life, aside from the tractor he used at his job as SMU groundskeeper.
READ MORE: Former SMU groundskeeper accused of sexual assault released on conditions
Percy said he saw the complainant two different times in Cheers while standing beside a pillar. He says the first time they had a brief conversation, but the second time, she walked past him. Percy assumed she didn’t see him, so he says he shouted her name. When she didn’t reply, Percy says he shouted her name again. He says that’s when he realized she was leaving the bar.
Percy says he noticed the complainant was looking around, and he assumed she was looking for him. He says he then followed her outside and they met up in between Cheers and Taboo on Grafton Street.
That’s where Thursday’s testimony ended.
The trial got underway Monday in front of Judge Elizabeth Buckle and has heard from seven Crown witnesses.
Cross-examination of Percy is scheduled to resume Friday morning.
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