A Maple Ridge man who secretly recorded his ex-girlfriend with a spy camera and sexually assaulted her took the stand in his defence Friday during a trial in New Westminster Supreme Court.
Glen Allen Berry is charged with one count each of sexual assault and three counts each of secretly observing and recording nudity in a private place, but is not contesting the charges at a trial.
He has chosen to fight only one charge – the less serious one of common assault.
Berry, 49, told the court that his relationship with the victim had ended a few days before he allegedly attacked her on Sept. 23, 2010.
He was still living with her in Maple Ridge at the time.
That night, he discovered his ex-girlfriend had been to see a counsellor.
“I found a piece of paper that showed she has been receiving counselling,” said Berry, admitting he was drinking that night, but denies consuming cocaine.
“I was a little upset that I wasn’t aware of it.”
Berry claims he went into his ex-girlfriend’s bedroom in an effort to find out why she had been to a counsellor. He said he was just being caring and concerned.
The woman was asleep when he entered the room, but woke up and told Berry to leave.
Berry left the room, but promptly returned and found the bedroom door closed.
He said he tried to open it, but realized something was behind it. He denied kicking it open.
When Berry opened the door, he realized his girlfriend was trying to hold it shut. He claimed she started the fight.
“She started pushing me around the room,” said Berry, adding he only grabbed her wrists to stop her from shoving him. He claimed he eventually picked his girlfriend up and put her on her bed so he could leave.
“That was the end of it,” said Berry.
The altercation frightened Berry’s ex-girlfriend, who fled her house later that night. She escaped after Berry fell asleep, and reported the assault to police.
Police photographed bruises on arm and chest and a scratch on her chest. She also had a sore wrist and back.
Berry denied he caused the injuries when questioned by Crown prosecutor Janet Dickie.
Pacing back and forth, Dickie grilled Berry during cross-examination, saying he had no business being in his ex-girlfriend’s bedroom.
“The accused evidence ought to be rejected as entirely self-serving and unbelievable,” said Dickie in her closing arguments, adding the victim’s injuries were consistent with someone who was assaulted.
“In fact, his evidence indicates he was angry. There is no reasonable doubt here and the court should register a conviction.”
Berry’s lawyer, Adi Glouberman, insisted her client had acted in self-defence.
She said the ex-girlfriend was upset about the end of their relationship.
“[Berry] was unshaken with respect to his version of events,” Glouberman told the court.
“He was assaulted. His actions only came about to avoid her assaults.”
As Berry is not contesting the charges of voyeurism and sexual assault, B.C. Supreme Court Justice Heather Holmes will register convictions on those counts.
He is scheduled to return to court for a judgement in October.
