Winnipeg Free Press - PRINT EDITION
Accuser ordered to return photos
Hearing on motion held without notifying Chapman
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Alex Chapman may have been given nude photos of a Manitoba judge by her husband and was paid $25,000 to agree to return or destroy them but, because he didn't, another judge has ordered him to give them back.
And now Chapman, the man in the centre of a sex scandal involving Manitoba Court of Queen's Bench Associate Chief Justice Lori Douglas and her lawyer husband, Jack King, is being sued by King for breaching their agreement by giving the photos to the CBC and the Law Society of Manitoba.
It was all part of a court case on Thursday that Chapman -- and the public -- wasn't supposed to hear about until today.
It even had lawyers for the Free Press and CBC rushing down to court after King's lawyer said he wanted a publication ban on the matter so Chapman wouldn't hear about the motion before it was decided.
In the end, Justice Joan McKelvey ordered an injunction against Chapman to stop him from distributing all of the photos and emails about Douglas and King he has in his possession, ordered him to return them and to ask for their return from anyone to whom he gave them.
When Chapman -- who wasn't notified about the hearing, but somehow learned about it and showed up near its conclusion -- said the Canadian Judicial Council wanted him to send it some of the materials, both McKelvey and King's lawyer Bill Gange warned him the court order now prevented that.
Chapman was also told he could argue against the order next week.
"I am being given unfair treatment right now," Chapman said. "I think this order is very unfair."
After court, Gange said his main concern is to stop Chapman from spreading the nude photos of the judge and her husband's emails even further than they may have been spread.
"The concern is, what if this ends up on the Internet?" Gange said.
"How devastating to Lori Douglas. There was a promise these documents were destroyed in 2003. It is disappointing they weren't."
Unlike Chapman, who is suing King for $10 million, Douglas for $7 million and their former law firm for $50 million, King has not specified dollar figures for his damage claims.
After the scandal broke earlier this week, Douglas announced she was stepping aside from sitting in court until the matter had been dealt with by the Canadian Judicial Council.
She will continue to perform administrative duties.
Earlier in court, Gange told the judge "there's no question these documents have caused irreparable harm that cannot be compensated by damages.
"There's no question the invasion of privacy by Mr. Chapman has put a strain on the relationship in Mr. King's family.
"As horrible and untenable as today is for Mr. King and his family, to have these documents posted on the Internet would be ruinous."
The Court Rules allow motions to proceed without notice to the other side in certain circumstances. Gange told the judge, before Chapman showed up, he didn't want Chapman to know about the order before it was issued because of fears the man would ensure the photos were spread further before they were taken away from him.
"We want the order to protect Mr. King and his family as best it can... Mr. Chapman has absolutely, immeasurably violated the privacy of Mr. King."
Meanwhile, Johanna Laporte, a spokeswoman for the Canadian Judicial Council, said she could not verify what, if any, materials had been received from Chapman, but the matter is being looked at by a member of the council's conduct committee.
But Laporte said the CJC will abide by any court order and, if necessary, would make a motion in court to get access to any materials it might need for its investigation.
kevin.rollason@freepress.mb.ca
Republished from the Winnipeg Free Press print edition September 3, 2010 A4
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