A judge has reserved his decision on whether or not the lawyer for a man who appears in the notorious photo alongside Toronto Mayor Rob Ford can see a video that allegedly shows the mayor smoking crack cocaine.
The lawyer for Muhammad Khattak has demanded to see the video, arguing that news reports about it are harming his client's reputation.
Khattak does not appear in the video, which has not been made public, and his lawyer has argued that Khattak played no role in making it.
"For the last 5½ months, everyone believes that he's the one behind making the video, possessing the video and trying to distribute the video," lawyer Nathan Gorham said outside court. "It's humiliating."
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Meanwhile, Mayor Ford will face a motion Wednesday morning from council members pushing for him to take a leave of absence in light of his admission to having smoked crack cocaine.
Judge views video
Justice Ian Nordheimer viewed the video in his chambers on Tuesday. Although it was previously reported there are two videos of Ford tied to the scandal, it was learned Tuesday that one of those videos is simply a shorter version of the other, which runs about 90 seconds long.
Khattak is one of three alleged gang members who appear with Ford in a photo that was distributed by people trying to sell the video. In that photo, Khattak stands beside Ford and two other men outside what police information describes as a crack house.
Khattak was arrested in June during a series of police raids called Project Traveller that targeted suspected gun and drug traffickers. Khattak is charged with drug trafficking and participating in a gang.
The Crown has said Khattak is neither seen nor heard in the video, but his lawyers still want access to it so he can see if there are any "leads" to help him determine who made it so he can possibly sue them.
After watching the videos, Nordheimer said there is "theoretically" information there that could help someone pursue such leads. But he has still not decided whether there are grounds to allow Khattak to view it.
He promised to rule on it soon.