Man accused of fondling Bay Roberts retirement home resident admits to lying about nursing credentials

A Brigus, N.L.,man accused of lying about his nursing credentialsand sexually assaulting a retirementhome resident under his care last year is now awaiting a verdict.

Christopher Power, 44, appeared mostly unflustered at his trial in Harbour Grace on Monday, telling the court that the colleague who reported the accusation to police was mistaken in what she witnessed.

Power said he was dropping off medication to a resident of the Bay Roberts Retirement Centre on the night of Aug. 16, 2020.

The resident, a man in his 70s whose identity can't be revealed due to Canadian sexual assault legislation, was asleep at the time, Power testified. He also said the man was in the early stages of dementia.

The personal-care worker said he attempted to shake the resident awake by placing his left hand on the man's left thigh and his right hand on his right shoulder, rocking him.

That's when his colleague, Jennifer Mercer, walked into the room.

Mercer says she clearly observed Power touching the man's genitals while he slept.

"He was enjoying what he was doing," Mercer testified. "I could see pleasure. He was kind of giggling while he was touching it."

When Power noticed Mercer standing in the doorway, she said he appeared "startled" and quickly moved away from where he had been positioned.

Mercer said she left the room without confronting Power, who was the night supervisor at the time. She says she had a casual conversation with him about making a run to a nearby store for snacks after Power followed her out the door.

"I was shocked," she said. "I was afraid. I didn't know how to confront him at that moment."

Upon returning from the store, her shock had worn off, she continued.

"He said, 'You only think you saw what you saw,'" Mercer testified, telling the court she then replied, "'I know what I saw. I'm not stupid.'"

Power provided Judge Jacqueline Brazil with a timeline of that night, saying he entered the resident's room to give the man his missed medications around 10:30 p.m.

He said he'd been trying to shake the resident awake for about five minutes before Mercer appeared, a part of his testimony prosecutor Tim O'Brien called "fatal" to Power's credibility.

Power said on cross-examination it's possible he was in the room for less than five minutes, but couldn't recall the exact length of time.

O'Brien argued the witness had no motivation to fabricate her complaint a suggestion Power agreed with on the stand and had an unobstructed view of both Power and the resident.

The personal-care attendant also pleaded guilty to uttering forged documents, falsifying documents, and using the title of licensed practical nurse when not qualified to do so.

According to an agreed statement of facts signed by the accused, Power altered his partner's criminal background check to include his own name and date of birth a document that also included the signature of a retired RCMP officer.

He also lied about his credentials to the retirement centre, telling them he had two degrees in nursing that police later confirmed did not exist.

The prosecutor pointed to Power's admitted dishonesty in his closing argument to Brazil, suggesting it damaged the integrity of his version of events.

Power's lawyer, Jeffrey Slade, argued that Mercer's evidence alone wasn't sufficient to prove Power's guilt beyond a reasonable doubt, Power's credibility notwithstanding.

Brazil plans to issue a verdict Friday.

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