Retired Canadian Forces member guilty of sex assault and using spy cameras to record coworkers

Retired Canadian Forces member guilty of sex assault and using spy cameras to record coworkers

Colin McGregor found guilty of five out of seven charges he faced

A former Canadian Armed Forces member has been found guilty of five charges relating to sexual assault, voyeurism and disgraceful conduct after facing a court martial at CFB Esquimalt.

In the small courtroom, retired Cpl. Colin McGregor sat quietly Monday morning, while Military Judge Cmdr. Martin Pelletier read his reasons for the guilty verdict on five of the seven charges McGregor faced.

Three women sat in the front row, wiping tears and shaking their heads occasionally while the judgment was read. The women’s names are protected by a publication ban. According to prosecutor Maj. Greg Moorehead, two of the women are named in the charges while the third is a family member who was there for emotional support.

RELATED: Court martial underway for retired CAF member accused of sex crimes in Esquimalt

The offences occurred between Jan. 1, 2011 and Jan. 30, 2017 in Alexandria, Virginia in the United States – where McGregor was living and working as a resource management support clerk with Canadian Defence liaison staff – and in Victoria.

McGregor was convicted of placing spy cameras and audio recording devices in a Canadian Armed Forces colleague’s residence – in order to record her for sexual purposes – as well as the Canadian Embassy in Washington D.C.

According to Pelletier’s reasoning, McGregor was given access to a coworkers home to feed her fish while she was away at Christmas time. A few weeks later, the coworker found a USB drive behind her headboard, along with another recording device on a bookshelf across from her bed.

McGregor also used a digital clock with a camera hidden in it to record women going to the bathroom in his home.

In text messages between McGregor and one of the victims, McGregor stated he was sorry for his actions and had only recorded her secretly to know what she said about him in his absence.

RELATED: Retired Canadian Armed Forces member, accused of hiding cameras in bathrooms, awaits verdict in Esquimalt

The court heard that along with the photos found on the recording devices, there was a video showing the left hand and forearm of the cameraman inappropriately touching an unconscious woman laying on the ground. The video, taken in Esquimalt in 2011, showed a tattoo similar to one on McGregor’s arm. Another video, appearing to be taken from outside her home, showed a victim engaging in intercourse inside.

One of the victims affirmed she was the unconscious woman in the first video, believing it to be taken on a night when she invited McGregor over for drinks and video games. She described a period of blacking out and awoke to find McGregor touching her inappropriately, thus ending their friendship abruptly.

McGregor originally faced a court martial trial in September 2018. All evidence was presented, but McGregor was not presented with a verdict.

Pelletier was unable to move forward with issuing a verdict after a separate court martial case found that it was unconstitutional to deny military members the right to ask for a trial by a full jury. Ordinarily, military members may ask for a trial by jury, but instead of 12 people which civilians face, military personnel face five.

The decision put a wrench in usual proceedings, as it called into question whether the military has the jurisdiction to try serious cases.

As a result, Pelletier adjourned the court to await more progress in the Supreme Court of Canada for a final decision, and clarification as to how to progress.

This, said defence lawyer David Hodson, impeded on McGregor’s right to a trial without delay. A 2016 decision with the Supreme Court of Canada states that a person has the right to be tried within 18 months of their charges.

Hodson presented an application on May 27 to stay the charges against McGregor as a result of an unreasonable delay, but Pelletier dismissed the application and the trial moved forward.

Maj. Greg Moorehead, representing the victims of Colin McGregor, speaks to the media outside the court marital in CFB Esquimalt, after McGregor was found guilty of five charges relating to sexual assault, voueryism and disgraceful conduct. (Kendra Crighton/News Staff)

According to Moorehead, McGregor will not spend time in military jail since he has already been released, but whether he goes to a provincial or a federal penitentiary will be decided by civilian corrections services.

One of the charges McGregor was found guilty of — disgraceful conduct — falls under the National Defence Act, which, according to Moorehead, captures behaviors that are breaches of personal discipline. “Personal discipline is critical to the military … one must demonstrate a habit of obedience to orders and must do as they’re told in critical times,” says Moorehead, adding the charge can carry a sentence of up to five years imprisonment.

“Sexual assault is very personal and extremely corrosive,” he says. “It degrades cohesion, military effectiveness and morale which is unique to the military and is something that must be prosecuted.”

Court resumes at 1 p.m. on Tuesday with victim impact statements. Sentencing is expected by the end of the week. According to Moorehead, there is provision for the reduction of rank that will be added to jail time.

With files from Nicole Crescenzi



kendra.crighton@blackpress.ca

Follow us on Instagram
Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

(Black Press Media file photo)
Victoria dine and dash brings $230 fine

Group paid the bill, police locate suspect who violated provincial restrictions, mistreated staff

file
Oak Bay resident bilked $3,300 in puppy scam

Three cases of fraud reported in two days

Sidney’s Star Cinema has temporarily closed as part of efforts to COVID-19. (Black Press Media File).
Sidney’s Star Cinema temporarily goes dark

Closure reflects provincial health order in effect until Dec. 7

Victoria police are asking for help locating Jordan Doddridge who is wanted on a Canada-wide warrant. (Courtesy of Victoria Police Department)
VicPD seek help locating man wanted on Canada-wide warrant

Jordan Doddridge has an extensive criminal history including violent offences

Mandy Farmer, CEO of Accent Inns and Hotel Zed, was given the RBC Canadian Women Entrepreneur Excellence Award on Wednesday evening. (Provided by Deepa Pillay)
Accent Inns, Hotel Zed CEO earns prestigious award

Mandy Farmer wins RBC Canadian Women Entrepreneur Excellence Award

Provincial health officer Dr. Bonnie Henry updates B.C.’s COVID-19 situation at the B.C. legislature, Nov. 23, 2020. (B.C. government)
B.C. daily COVID-19 cases hits record 941 on Tuesday

Further restrictions on indoor exercise take effect

(Pixabay.com)
Man, 28, warned by Kootenay police to stop asking people to marry him

A woman initially reported the incident to police before they discovered others had been popped the question

Winston Blackmore (left) and James Oler (right) were sentenced on separate charges of polygamy this week in Cranbrook Supreme Court.
No more charges expected in Bountiful investigation, special prosecutor says

Special prosecutor says mandate has ended following review of evidence from Bountiful investigations

(Ashley Wadhwani/Black Press Media)
Refuse to follow B.C.’s mask mandate? Face a $230 fine

Masks are now required to be worn by all British Columbians, 12 years and older

Parksville’s French Creek Harbour experienced a diesel spill on Nov. 23 after a barge and fishing vessel collided. (Mandy Moraes photo)
Coast Guard cleans up diesel spill in Parksville’s French Creek Harbour

Barge carrying fuel truck collides with fishing vessel

Stock photo
Senior from Gibsons caught viewing child porn sentenced to 10 months

74-year-old pleaded guilty after police seized 1,500-2,500 images

BC Teachers' Federation President Teri Mooring is asking parents of school-aged children to encourage the wearing of masks when possible in schools. (THE CANADIAN PRESS/Chad Hipolito)
LETTER: Teachers union encourages culture of mask wearing in B.C. schools

BCTF President Teri Mooring asks parents to talk with children about wearing masks in school

Prime Minister Justin Trudeau speak to the media about the COVID-19 virus outside Rideau Cottage in Ottawa, Friday, Nov. 20, 2020. THE CANADIAN PRESS/Adrian Wyld
Canada’s inability to manufacture vaccines in-house will delay distribution: Trudeau

First doses of COVID-19 vaccine expected in first few months of 2021, prime minister says

(Pixabay)
All dance studios, other indoor group fitness facilities must close amid updated COVID-19 rules

Prior announcement had said everything except spin, HIIT and hot yoga could remain open

Most Read