Matthew Percy Trial

CBC News brings yo the latest from the Matthew Percy trial

    Planetta tells the complainant he knows these questions will be uncomfortable but he has to review some things. He asks her if she would’ve told people it was her birthday when she was out downtown. She agrees. She doesn't remember if one of the first thing she told Percy was that it was her birthday. She agrees she could’ve told him her age (19)
    Defence now asking about the layout of the apartment, who lived there and how far apart one roommate's bedroom was from the complainant's. He's also asking about the distance to the bathroom, where the complainant alleges part of the sexual assault happened.
    Defence: Did you talk about what happened more than once (with the roommate complainant was out with the night of Dec. 5)? I’m sure we talked about it for a while, on a few occasions. What about the other roommate? Complainant isn’t sure. Earlier she said she and that second roommate weren’t as close.
    Planetta asks if it’s fair to say “large parts of the night were kind of a blank?” Yes. Why? Complainant says it’s been six years, but also she had a lot to drink.
    Defence asks about after she met with police and they went to her apartment. Were you advised as to what they found in your apartment? Complainant says not directly but she assumed some things, such as they found bodily fluid on the floor on her bathroom because police left a chalk mark on the floor
    Defence: do you remember that you told a police officer that you were hesitant to report because you’d invited Percy to your home? She’s not sure. Says she remembers being hesitant about going to police but once she was there she wasn't as hesitant because she’d already committed.
    What about when she found out charges wouldn’t be laid. It was a phone call with a police officer. Defence: was there more than one conversation? I don’t remember. Do you recall telling detective constable you didn’t want to proceed with charges because you had consented to having sex? No. So you’re not denying saying that? I deny saying that.
    Did you have a conversation with your father and then get back to the detective constable? Complainant says: I don’t remember. At some point after that she'd been advising there would be no charges against Percy. Defence says there was no contact for about four years. She agrees. Never been reinterviewed? No. 
    Planetta: You didn’t provide any new information to police between 2014 and at or around the time of the case being reopened? No.

    Planetta: “You didn’t want to proceed because you consented to having sex, you’re denying having said that.” Complainant: I don’t entirely remember. Is that something you may have said? I guess so.

    Planetta: The reason why you may have said that to her around that time, is that you consented to at least some of the activity you described yesterday? She resopnds: "I don’t remember… I don’t remember consenting… if I did, I don’t remember. I know that I did say no. I know that I said no."

    Defence now asks about what exactly she was drinking the night of Dec. 5, 2014. Complainant says it could have been cider or hard liquor or a mix of things before the bar. Planetta: “you don’t remember what time you left, you don’t remember what time you got to Cheers?” Right. Defence points out she had a “good buzz on” by the time she got downtown between 10-11 p.m.
    Planetta asks about pre-drinking, how many drinks and if that has nothing to do with her blacking out. She responds: “well I wasn’t blackout when I left my house to go downtown.” The complainant also brings up that it’s six years later and that’s part of why she doesn’t remember.

    Defence says when she gave a statement to police it was just a few days after the alleged assault. She agrees. 

    Planetta: If you don't remember how much you were drinking, what you were drinking, how is it possible you could estimate your level of intoxication? Complainant responds she knows herself, remembers how she was feeling that night and knows her own levels of intoxication. 

    Planetta: Is there anything about your statement to police that you would change? “No. I told the truth to the best of my ability.”

    What about your evidence, is there anything you thought about overnight and would change? No.

    Planetta has handed a print out of the complainant's statement to police to her. It's from Dec. 10, 2014. 

    Defence brings up when she decided to leave Cheers after her friend left. And how the complainant wanted to go say goodbye to a doorman she’d met before she left. 
    You left the Dome on your own? I think so. Is it possible that you didn’t leave the Dome on your own? Well the bouncer could’ve walked me out but I was on my own on the outside. Why would a bouncer have walked or escorted you out? I do not know.
    Planetta brings up that the complainant previously told police someone she knew kicked her out of the Dome. She remembers reading that she said he kicked her out, but she doesn’t remember now.
    Do you have any idea why? I know why bouncers kick people out, like too intoxicated, but I don’t remember exactly why he kicked me out. 
    Defence shows a picture of the heels the complainant was wearing to her. He asks if she usually fell while wearing heels, if her friends would have seen that, did she fall the night of Dec. 5? She doesn't remember.
    Planetta asking complainant about her familiarity with downtown Halifax. At the time of the alleged assault, she had been at Dalhousie for two years. He’s asking about locations of bars like Cheers, Boomers and pizza corner, for instance, do you go out and turn right? Complainant says she thinks part of the Cheers Street was cut off so you had to go down a street, which would be Argyle. At the time, the convention centre was under construction
    Now onto what she and Percy drank at the Toothy Moose. Complainant reiterates she had a Molson Canadian Cider but doesn't know the exact percentage.
    Planetta: peak time at bars from 2-3 am? Yes but also when they wind down. He goes on to ask about cabaret licences. Complainant says she didn't think Toothy Moose had one yesterday but walked by last night and saw that they do.  
    Does she remember a line at the Toothy Moose or how quickly they go in? No.

    Planetta asks about the conversation with the SANE nurses: Were you trying to be full and complete with them and accurate? Yes I think so. 

    He reads from a transcript of complainant saying she invited Percy back to her apartment to eat the poutine they picked up at Willy’s. She doesn’t remember. 

    You didn’t make any mention of going to the Toothy Moose and having a drink, is that because you might be wrong in going to the Toothy Moose? No, I know I went. 

    Is there any reason you can think of you would’ve left out the Toothy Moose? I don’t know why.

    Planetta: Would you agree with me that somewhere along that walk to Willy’s (on Argyle Street) that you would’ve kissed? I don’t remember. It may or may not have happened, you just don’t recall. Right.

    Defence then asks about decision to go to complainant's place. You're both in the taxi, you'd agree with me that Mr Percy would have no way of knowing your address... that you provided the taxi driver with your address? Right. 

    Any physical contact with Percy prior to entering the Dal residence? I don’t remember. There may have been.

    Defence asks about the door to her room in the apartment-style residence room and the sound the door made and whether noise travelled. Complainant: “It definitely was not soundproof“

    If you were in your bedroom and someone entered the apartment how likely is it you would hear them? It’s likely. 

    Did she hear anyone else enter the apartment that night? She doesn’t remember hearing anything.

    Defence: when you read the text message from your roommate (the next morning) it gave you the impression your roommate was in her room, in your apartment and heard something the night before? Yes. 

    Planetta: "When the two of you [Percy and complainant] entered your bedroom till basically when you fell asleep, how long approximately/ It’s not a trick question just trying to get an approximate." Complainant isn’t sure.

    Was there kissing on the bed? She's not sure. Would Percy have taken her shoes off because she wanted to take her pants off? She's not sure, says she always takes her shoes off when she gets home. Doesn't know the intention. Says it wasn't unusual to take her own shoes off in her room.
    Complainant has no recollection of her or Percy taking clothes off. Panetta asks if it's possible they took their own clothes off or each other's clothes off? She says anything is possible.
    Panetta asks if Percy did anything to prevent the complainant from grabbing a condom from her bedside table. No. He didn't try to stop you from moving? No. But she also says "he told me that we don't need one"
    Planetta: if I suggested to you that you were kissing, that you were both actively participating in kissing, you don't remember? Right, I don't remember. 
    Is it possible you told your friends there had been kissing and you were OK with it? It's possible. If you said it to them then, would it have been true? Yep. 
    Defence asks complainant to go to a specific part of her police statement and read part of it. This is the statement she gave in December 2014.
    He reads: "and I was, I rolled over to by side, my bedside table, I was like, well OK if this is happening we might as well use a condom." Percy responded to that they didn't need a condom if she was on birth control and she said a condom would've been good too. And then "oh OK alright."
    Complainant says she would've been paraphrasing the conversation and isn't sure if you was repeating to police what was said aloud or her own internal dialogue. 
    Planetta asks about timing, was there oral sex before intercourse? There could've been.
    Yesterday complainant described Percy ordering her to kneel on a pillow he placed on the floor of her bedroom. She responds to defence that it's possible there was also oral sex on the bed. 
    Defence points to another section in the police statement. It relates to Percy putting the pillow on the ground.
    Planetta: You'd agree to me that in that passage (about the pillow) you didn't say anything about you being confused and you finding it threatening? The complainant described it that way yesterday. She agrees she didn't mention it there that after reading. 

    Planetta: at this point you didn’t say no? Right. You didn’t give any indications that you didn’t want that to happen? Right, I’m not sure.

    If I suggested to you that you didn’t give any signals that you didn’t want that to happen… that you were willingly participating in it, you can’t disagree with that either? Right.

    Defence asks again about the possibility of oral sex on the bed. She agrees it is possible 
    Then he asks about how her next memory is being in the bathroom. She agrees that getting there is a blind spot.
    There will be a short 15-minute break before cross examination continues. 
    Back from the morning break. 
    A warning -- some of this testimony is graphic.
    Planetta asking about what happened in the bathroom. Does complainant have a specific recollection of leaning on the sink? She says her arms could've been elsewhere but she's pretty sure they were on the sink.
    Defence: "I think what we're hearing from you is you're not sure." She responds saying they were down or by her side, in that general area. 
    Defence asks if there was vaginal sex. She's not sure. 
    Planetta: "From your perspective were you consenting to the activity up until this point?"
    She says: "From my perspective no. But there are the blanks. But from my perspective no."
    Defence: Up until this point, you didn't go anything to communication lack of consent?
    Complainant: There's a lack of certainty. I'm just not sure. 
    Yesterday the complainant testified she said no repeatedly as Percy anally raped her. 
    The defence asks about this and what she said. 

    “I said no, he absolutely heard it.” Yelled it? “I said no, loud enough for everyone in that room to hear it.”

    What about acoustics in the apartment, loud enough for anyone else to hear it? There’s a possibility. 

    Complainant told police her roommate heard something.

    Defence asks about a part of the police statement and a reference to police asking about a degree of consent. 

    Complainant says it’s a bit of an assumption on the part of police that she had consented. 

    Planetta: “You don’t come right out and say no, I didn’t consent to anything. It was open for you to disagree right her.” Complainant says "right."

    Part of the complainant’s statement to police was: “I never for once said yes but when I said no was probably in the washroom when I was bent over the sink.”

    Defence asking about the choice of the word probably. She reiterates she’s sure she said no.

    Complainant says at times during her police statement, the officer cut her off and the transcript doesn’t reflect that.

    Planetta says she had “every opportunity to give a complete answer and describe it.”

    She responds: “I felt like I wasn’t given the opportunity to completely describe it… but had the opportunity to get the facts across.”

    Justice Josh Arnold asks for clarification -- is Panetta asking if complainant ever told police she was crying or if she was crying. Says if defence is asking about her statement to police, the witness should have the opportunity to review the full statement. 
    Complainant finds a section in the transcript where the police officer asked "Did you say anything about the anal sex?" and she responded "I cried in front of him." But Justice Arnold asks if she had the chance to go over the full statement, which she's flipping through now.
    Defence references the timing of the crying statement and the complainant agrees it wasn't in reference to the anal sex. 
    Planetta asks about the complainant's reference to intercourse in the shower. Did she walk into the shower through her own volition? Yes. You're certain there was intercourse in the shower? Yes. If I suggested to you that what actually happened was that after the bathroom there was no more sexual activity between the two of you, you would disagree with you? Yes I would.
    Planetta asks about the specific sexual activity she described for the SANE nurses and whether she mentioned what happened in the shower and the oral sex later. "I was pretty traumatized, I could've missed it."
Powered by Platform for Live Reporting, Events, and Social Engagement