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Halifax police officer peeped in motel windows for 'the public good,' says lawyer

A Halifax police officer charged with voyeurism peeped into the windows of a Bedford, N.S., motel in December 2017, but his defence lawyer argued Thursday the snooping was for "the public good."

In an agreed statement of facts, Const. George Farmer admitted to lurking around the Esquire motel on Dec. 1 and 2, when he watched a married couple in one room, a man in another, and in a third room, a woman who had a visit from a man she met on a dating site.

Farmer was caught on video after police, acting on suspicions, hatched a plan involving an undercover RCMP officer and a secret camera to record his activities.

But Farmer's defence lawyer, Joel Pink, said the officer's activities were related to his police work. Serving "the public good" is considered a voyeurism defence under the Criminal Code.

Paul Poirier/CBC
Paul Poirier/CBC

Outside the courtroom, Pink said Farmer was acting on "information and suspicion about prostitution, drugs, alcohol, missing persons."

"And that's why he was doing what he was doing," he said.

Farmer, who is also charged with trespassing at night and breach of trust, testified his peeping was work-related because he was concerned about potential victims.

But senior crown attorney Sylvia Domaradzki challenged Farmer by pointing to an apparent contradiction in a police statement in which he said no one was at risk. She repeatedly asked him whether he had lied in his police statement.

Farmer told the court he didn't want to incriminate himself, and was telling the truth at that time.

Domaradzki said the public good defence does not apply in this case, in part, because she said there's no record of radio calls or reports to back up the assertion that he was doing police surveillance.

"There was no good reason or lawful reason for him to be doing so," she said.

Paul Poirier/CBC
Paul Poirier/CBC

Pink called two character witnesses, including a fellow Halifax Regional Police officer, Const. Michelle Everson, who testified Farmer has a reputation in the community as an honest and truthful man with integrity.

Farmer, an 11-year veteran of the force, had his arm around a supporter as he politely declined comment outside court. He has been suspended with pay.

Domaradzki said the voyeurism charge states that an offence is committed when someone observes or records a person who is in a place where they can expect to be nude or having sex. No evidence has been entered during the trial about whether Farmer saw any sexual activity or nudity at the Esquire.

Both lawyers said it's rare for a police officer to be charged with voyeurism.

Lawyers return to provincial court on Dec. 7 to present closing arguments. It's possible that Judge Chris Manning will hand down his verdict at that time.