Brandon nude photos trial draws to close

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This article was published 17/02/2021 (2055 days ago), so information in it may no longer be current.

BRANDON — The final arguments in a civil case on a woman’s intimate images being shared with the Brandon Police Service during a hiring competition hinged on public interest versus “revenge.”

Brittany Roque is suing Terry Lynn Peters for distributing Roque’s intimate images in 2017 without consent. Tuesday marked the fifth and final scheduled day of the trial.

The City of Brandon is listed as a third party in the lawsuit.

On Tuesday, Roque’s lawyer, Kevin Toyne, said the interest of personal privacy and bodily integrity are at stake. Roque has a right to control who views her body and gets to make decisions about her sex life, which were taken from her when the images were shared with the BPS.

She is a victim, and didn’t deserve what happened to her, said Toyne. “The fact she was not treated like the victim she is does not mean she is not entitled to vindication in this court of law.”

Toyne argued Peters distributed Roque’s intimate images to BPS amidst a hiring competition solely to get revenge on Roque for a past relationship with her common-law husband BPS officer Ryan Friesen.

“The plaintiff submits you can safely conclude there was a single, solitary motive for Peters’ distribution… and that motive is revenge: revenge for being in a relationship with Friesen, revenge for having sex with Friesen,” said Toyne.

“That is why she did it, for no other purpose.”

Toyne asked the court to create a “chilling effect” on those who may be thinking about sharing someone’s intimate images without consent.

“This is about preventing deep affronts to people’s dignity, and that is something that should be chilled,” he said.

According to an agreed statement of fact, Roque, took and sent intimate photos of herself to Friesen during a three-month affair in 2015. Friesen forwarded the images from his cellphone to his email account.

In May 2016, Roque applied to become a police officer with the BPS; in August, she was shortlisted for an upcoming position.

In January 2017, Friesen attempted to delete the images from his email account. He told Peters his email password so she could search the account for evidence of infidelity.

On Feb. 19, 2017, Peters found nude images of the plaintiff in the trash folder, along with photos of other women. She she sent copies of the images to her own email and confronted her partner.

A few days later, Peters distributed the intimate images of Roque to a BPS senior executive.

In March 2017, Roque underwent a polygraph test as part of the hiring process, where she disclosed her past relationship with Friesen. She was told she could either withdraw from the hiring process or else she would be removed.

Roque declined, and subsequently filed complaints with the Independent Investigation Unit of Manitoba and RCMP.

On Tuesday, defence lawyer Rhea Majewski argued Peters shared Roque’s intimate images with police because of public interest, not for revenge.

Peters worked for BPS as a civilian for seven years, so she was familiar with the hiring process, Majewski said. She felt there was a duty to provide information that could be relevant background information, her lawyer said.

Peters ensured the images only went to BPS deputy chief Randy Lewis, and not to the wider public — something Majewski said she wouldn’t have done if the motivation was revenge.

Justice Sandra Zinchuk is expected to give her decision at a later date.

— Brandon Sun