Accused sleepwatcher gave confused answers upon arrest
Trial testimony alleges Barry Sinclair acted suspiciously following morning incident
November 6, 2012, 10:23 PM AST
Last updated November 7, 2012, 12:44 PM AST
She awoke at five in the morning to a man’s face a foot from her head.
She told the court that she swore at the man and yet he still stared at her with his mouth open. She swore again at the man and he slowly backed out of the room, still watching her with his mouth open.
She said she quickly called her roommate then called the police.
The testimony was made during the second day of the trial of Barry Edward Sinclair, 50, of Dartmouth. Sinclair has been charged with five counts of voyeurism and five counts of break and enter in a high-profile case of sleepwatching incidents between 2005 and 2011.
The young woman told the court and police at the scene that the man had a strong jaw, was slim and looked to be in his late 20s.
She said the man was wearing a hoodie and jeans. She told the court the hoodie was orange.
K9 officer Constable Roger Spriggs told the court he and his service dog tracked a scent in the back yards of a block of houses on South Street at which point the trail ended.
They were unable to find anyone.
A man discovered
Bernard Stone was parked on Robie Street, just like he had every morning for the last 15 years. He was drinking his Tim Hortons coffee, listening to news radio when a man emerged from the shadows and stood in front of Stone’s truck.
Stone told the court that while it was five in the morning and although it was not completely dark out, the streetlights were still on and the man’s features were visible.
The man did not fit the area, Stone said. He was wearing baggy clothes and was very sweaty although he did not appear to have been running.
Stone remembered thinking he wished he had a cellphone because the man appeared “to be up to something,” he told the court.
Stone described the man as slim, with short light-coloured hair and that he appeared young because of his clothing.
Stone then pointed to the accused and identified him as the man he saw that morning.
When police apprehended Sinciair soon after, he said he was coming from a friend’s house.
Upon further questioning Sinclair became confused about the exact name of the friend. He said he was heading to a local Needs convenience store to buy some cigarettes but Sinclair had a full pack on him.
After questioning Sinclair further in her squad car, Sgt. Karen Misner felt like she had enough reason to take him in to custody.
Sinclair said, “It wasn’t me, it wasn’t me.”
Misner told the court Sinclair was thinner at the time, had a more pronounced jaw line and had shorter hair compared to his appearance in court, adding that he looked much older now.
She also said that the hoodie he was wearing was black.
Later that morning
The Dalhousie student failed to identify the accused in photo lineup.
Court resumes Wednesday.