Former SMU groundskeeper's sex assault trials complicated by Crown appeal

Sexual assault proceedings for aformer groundskeeper at Saint Mary's University in Halifax are getting more complicated.

Four women have accused Matthew Percy, 35, of sexually assaulting them.

In August, Percy was acquitted of charges in relation to one of those women. But now the Crown is appealing that acquittal to the Nova Scotia Court of Appeal.

No date has been set for that hearing.

Percy is currentlyon trial for a second set of allegations relating to an incident on Sept. 15 of last year. A woman accuses Percy of sexually assaulting her in a dorm room at the university aftershe drank heavily.

The trial, before Nova Scotia Provincial Court Judge Elizabeth Buckle, opened in September. Scheduling issues forced a delay.

Percy returned to the witness box on Tuesday, still facing cross-examination from Crown prosecutor Rick Woodburn.

Woodburn repeatedly asked Percy whether he found the complainant's behaviour on the night in question to be "odd or concerning."

Percy repeatedly answered no. The woman testified she can only remember fragments of what happened that night.

'I'll decide what I hear on the video,' says judge

On Tuesday, the Crown replayed a cellphone video Percy recorded that night.

Percy said the woman consented to him taking a video of them having sex. The woman testified she did not consent and was unaware the video was being made.

In his exchange with the Crown, Percy insisted the complainant can be heard on the videoconsenting to the sexual activity. At that point, Judge Buckle interjected, "I'll decide what I hear on the video, Mr. Percy."

Percy also suggested that he's learned since the night of the alleged assault that the complainant had a boyfriend at the time and that probably prompted her to call the police.

Percy was supposed to go to trial next week before a different provincial court judge on the third set of allegations against him.

But Percy re-elected to have those charges heard in Nova Scotia Supreme Court.

The Crown responded by preferring an indictment against Percy, pre-empting a preliminary inquiry. Instead, lawyers will appear in Supreme Court later this month to discuss possible dates for that trial.