Accused 'sleepwatcher' peace bond application to proceed
The application for a rare type of peace bond against accused "sleepwatcher" Barry Sinclair will move forward, after a provincial court judge rejected a request to toss it out Friday morning.
Last month, Sinclair's lawyer Ellen O'Gorman had asked for a directed verdict in the matter involving her client.
O'Gorman questioned whether the RNC's fears of Sinclair committing a future break and enter with voyeurism met the test for the type of peace bond sought by police.
Judge Mike Madden denied that request for a directed verdict.
In making his ruling, Madden referenced police concerns that Sinclair will break into a woman's home to watch her sleep, for the purpose of sexual gratification.
Testimony will continue on whether this qualifies as "a serious personal injury offence" under the law.
The matter is scheduled to be back in court in April, and O'Gorman indicated that Sinclair will take the stand then.
RNC want to restrict Sinclair's movements
Last year, the Royal Newfoundland Constabulary went to court under a section of the Criminal Code related to crimes that haven't happened yet, but which they believe will.
The police want to put Sinclair under a type of peace bond, which would restrict his movements. He is under a series of interim conditions while the matter makes its way through court.
Sinclair has served five federal prison terms, and has a criminal history that dates back to 1980.
He has been convicted of property offences, impaired driving, being unlawfully in a dwelling, trespassing at night, break and enter, and criminal harassment.
In 2012, Sinclair was found not guilty of charges related to the so-called "sleepwatcher" case in Nova Scotia.
Evidence presented during the trial included a video seized from Sinclair's home, which contained recordings of women undressing in their apartments.
The judge in Nova Scotia ruled that there was insufficient proof that Sinclair actually made the recordings, and acquitted him.
But the judge convicted Sinclair of another break-in, and sentenced him to five years imprisonment.
He's served that time, and is now living in St. John's.
