A Calgary man standing trial for allegedly breaking into his upstairs neighbour's apartment by tunneling through a wall has argued in court that his own unlocked door leaves room for reasonable doubt.
The Bizarre Discovery
Ben Edward Maize was arrested on September 5 of last year after his upstairs neighbour, Betty Golightly, returned home to a shocking discovery. She found a hole in her wall located right next to her fireplace. Upon calling police, officers investigated and found a ladder inside the wall cavity, leading directly down to Maize's ground-floor suite in the Coach Hill apartment building.
The situation prompted an immediate response from the Calgary Police Service tactical team, who forced their way into Maize's unit and took him into custody that same evening.
A Neighbour's Growing Fear
In testimony before Justice Eric Tolppanen, the complainant, Golightly, described a pattern of frightening behaviour that preceded the discovery. She told the court that about two months before finding the hole, she arrived home to someone in the unit below banging on the ceiling. The disturbing part, she testified, was that the banging seemed to follow her as she moved around her own apartment.
This incident instilled such fear that Golightly made the decision to leave her own home. From August 5 to September 5, she went to live with her sister and brother-in-law for her own safety.
"Because I feared for my safety from the neighbour below me," Golightly told Crown prosecutor Petter Hurich when asked why she left.
The Accused's Defence
Maize, who is representing himself and remains in custody, faces charges of break and enter and committing mischief. In his final submissions, he pointed to what he calls a lack of conclusive evidence.
He argued that the Crown failed to prove his apartment was properly secured during the period Golightly was away. "The Crown’s own video (taken by police) shows my apartment had no deadbolt," Maize stated. "My apartment was not locked so anyone could’ve put the ladder there."
He further challenged Golightly's account of the internal hotel-style latch being engaged on her door when she returned, noting that aside from her testimony, there was no other evidence of it.
Golightly had testified that when she left on August 5, everything was in order and all doors and windows were locked. Upon her return on September 5, she could not enter because the internal latch was secured—something that can only be done from inside the apartment. Her brother-in-law had to saw it off before they discovered the hole by the fireplace.
She also told the court that items in her apartment had been disturbed, including lingerie that was moved from the back of a bedroom drawer to the front.
Justice Tolppanen has reserved his ruling in the case. The unusual trial, which highlights a severe breakdown in neighbourly relations and a bizarre alleged method of entry, awaits a final judgment.
