A judge watched two versions of Mayor Rob Ford’s alleged crack video in Ontario Superior Court Tuesday and said he still could not rule on whether to release them.
Justice Ian Nordheimer watched a short clip and the full 90-second video privately and confirmed later in court that the content might be helpful in identifying those who created the video.
Muhammad Khattak and his legal team have been arguing to see the video to clear his name. Khattak is one of three men who appear in a widely circulated photo of the mayor outside an alleged crack house.
Khattak is charged with trafficking illegal drugs and participating in a criminal organization.
“Since May 2013, the innuendo has been that he’s either the one behind making it or possessing it or attempting to sell it,” says Nathaniel Gorham, the lead lawyer representing Khattak. “It’s humiliating for a law-abiding family to have this hanging over their head everywhere they go in public.”
Crown attorney Grace Hession David already confirmed in court Friday that Khattak does not appear in the video and neither does his voice.
Gorham and his legal team say they are happy about this statement, but they are looking to take it one step further.
“We believe that, armed with the information, my client would be in a better position to receive instructions from legal counsel on the civil side of things,” says Gorham.
But because defamation is a civil matter, not criminal, the Crown pointed out that the allegations have no place in these criminal proceedings.
Justice Nordheimer has yet to set the date for the decision on whether to release the video to Khattak.
Review Jean Ko Din’s live blog of the proceedings below.