Judge to rule Tuesday on video seized in Project Traveller raids

Justice Ian Nordheimer will decide Tuesday if he will view a video that was seized during June’s Project Traveller raids, at the request of one of the men who was arrested in the investigation.

The video purports to show Mayor Rob Ford smoking crack cocaine.

The Crown suggested there is a “real possibility” the video will not be part of the evidence against any of the accused in Project Traveller and it should never be shown in that context.

Defense lawyers Nathan Gorham and Daniel Brown are applying for the release of the video to dispel the innuendo that Mohammad Khattak was somehow involved in it.

Khattak is seen in the infamous photo of Ford posing with three men, including two alleged gang members. Khattak faces drug trafficking charges on behalf of a criminal organization.

“We believe that he wasn’t involved either in the production, possession or the attempted sale of the video,” Gorham told Breakfast Television. “And since the stories broke he and his family have been saddled with the unfortunate innuendo that he was involved with the video.”

Allowing Nordheimer to view the video – but not releasing it publicly – would clear his name, lawyers argued in court Friday.

In court on Friday, the Crown argued that Khattak has no legal interest in the video and neither he nor the judge should watch it.

After police said last week they had the video of Ford allegedly smoking crack cocaine, the mayor called for its release.

Brown has invited Ford to join their application for the video, Gorham said.

As for the photo, Gorham said, “We believe the photo involving Ford and my client is a one-off innocent encounter.”

Lisi documents may be released

Nordheimer is also expected to decide whether to release the remaining redacted portions of a police document mentioning Ford and Alexander Lisi.

On Oct. 31, Nordheimer ordered the release of a 474-page document with photos. The document details evidence police collected in order to get a search warrant that lead to Lisi’s arrest for drug trafficking.

The Toronto Star believes the blacked out portions of a police document contain more bombshell revelations, including conversations between police and former officials of Ford’s office.

Ford may be forced out

Coun. Denzil Minnan-Wong, a member of Ford’s executive committee, said he planned to ask council next week to petition the province to oust the mayor if he doesn’t take a leave of absence.

Minnan-Wong and his colleague Peter Milczyn drafted the original motion moments after Ford made the crack cocaine admission on Tuesday.

The proposal will be considered at next Wednesday’s council meeting.

However, Ontario Municipal Affairs Minister Linda Jeffrey has said the province has no plans to step in, and will await the council resolution.

“Things are changing quite rapidly,” Jeffrey said. “Obviously, we will evaluate that motion when it comes forward, should it come forward.”

With files from CityNews.ca staff