Nova Scotia

Halifax-area teacher acquitted of canoe-kayak club voyeurism charges

A high school teacher in the Halifax area, Matthew Douglas Moriarty, has been acquitted of voyeurism charges after allegations that he took visual recordings of four women in a public washroom at a canoe-kayak club in Dartmouth, N.S. Provincial court Judge Jill Hartlen made the decision, stating that while Moriarty’s behavior and the activity detected on his iPhone were suspicious, there were concerns with aspects of the case.

Moriarty, a 43-year-old language teacher at Woodlawn High School Dartmouth, had been placed on unpaid leave following his arrest on July 20, 2023. The incidents in question took place over three days that month at the Abenaki Aquatic Club. Witnesses and complainants described how Moriarty’s phone’s camera was pointed into an adjacent bathroom stall at the club, with the iPhone either propped up on the floor or inside the pocket of mesh shorts pushed past the dividing line.

Judge Hartlen noted the deliberate and strange placements of the phone, considering there were ledges in both stalls where a phone could be placed. Witnesses testified that Moriarty appeared to be lurking outside the bathroom, waiting for them to enter, and he was often seen going into the bathroom with a pair of shorts but not changing into them.

Despite the suspicious circumstances, a cellphone expert who examined Moriarty’s iPhone found no voyeuristic images or apps. The analysis indicated that images had been double deleted on July 20, but the timing was unclear. Hartlen emphasized that in Canada, people are not convicted based on strange behavior and coincidences alone.

The prosecution’s case was circumstantial, which can be difficult to prove, according to Hartlen. She raised concerns about witnesses’ testimonies conflicting with the lack of evidence in the camera application to suggest recording. There was no trace of voyeuristic activity on the phone or evidence of deleted voyeuristic apps.

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In addition to the voyeurism charges, Moriarty had previously faced charges of sexually assaulting a youth at a high school three years ago. These charges were dismissed in June after Moriarty agreed to a peace bond prohibiting him from contacting the complainant.

The outcome of the trial raises questions about the complexities of proving cases based on circumstantial evidence and the importance of thorough forensic analysis in criminal investigations. It serves as a reminder of the need for diligence in handling such sensitive matters to ensure justice is served fairly and accurately.

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