An acquittal has been upheld in a case where a former Halifax university groundskeeper was accused of sexually assaulting a young woman and recording portions of the incident on his phone.
Matthew Percy was originally found not guilty in August 2018 of sexual assault, voyeurism and overcoming resistance by choking in connection with the September 2017 incident.
READ MORE: Sentencing hearing postponed for former SMU groundskeeper convicted of sexual assault
The Crown appealed that decision, and the case involving the former groundskeeper at Saint Mary’s University was heard Oct. 9, 2019, by three judges of the Nova Scotia Court of Appeal.
The decision noted that the original trial judge accepted some evidence that the sexual activity was consensual, and the appeal court found no legal errors in Judge William Digby’s original verdict.
READ MORE: Crown questions former SMU groundskeeper’s version of events in sex assault trial
Percy was found guilty of sexual assault and voyeurism in December 2018 for a separate, September 2017 incident and was sentenced last year.
He is also scheduled to face two other trials on charges including sexual assault causing bodily harm, choking and assault.