By Mike McIntyre
TWO Manitoba sheriff's officers are threatening to seek a court injunction that would order a local porn "actress" to remove a naughty homemade sex tape from her website.
But a lawyer representing Oshean, the self-described "XXX adult web star", is vowing to get down and dirty in the courtroom by fighting any censorship attempts.
The potential nasty legal battle is just the latest twist in a case that has become a hot topic among professionals at the downtown Law Courts.
The two sheriffs -- a man and woman who are involved in a relationship -- were suspended without pay in late December after justice officials learned of a racy Internet video that showed them in consensual sex acts with Oshean.
Neither were on duty or in uniform or much at all, and the video was apparently shot during Grey Cup week in November.
Oshean's website reveals an explicit, 45-second clip of the video and encourages visitors to purchase a membership to see the entire romp. The website contains several other videos and promises: "No paid actors and no script... this is REAL reality porn."
Jeff Schnoor, assistant deputy minister of courts, told the Free Press last month the disciplinary actions against the two sheriffs was a precautionary move to avoid backlash for not taking action.
Just days later the government decided to take no further action and both sheriffs were cleared to return to duty. However, the couple showed up on Monday and immediately signed off on "stress leave." It's not clear when, or if, they plan to return to work.
As well, a grievance has been filed in connection to their loss of pay. And now they have retained Winnipeg lawyer Gerri Wiebe to represent them in possible legal action against Oshean. No court documents had been filed as of the end of business on Thursday.
David Guttman is acting on behalf of Oshean and told the Free Press on Thursday his client had written consent from the couple to film and post the video of their tryst.
"They are going to have to make a case for unauthorized use or invalid consent. I'm not sure how they're going to do that," he said.
Guttman said the two sheriffs may actually end up bringing more publicity on themselves by going down this road because a civil court case -- complete with cross-examination of the pair -- would likely attract a wide audience.
"The cat is already out of the bag here. The video has been online for several weeks and downloaded all over the place," said Guttman.
"I think the best they could possibly hope for would be a blurring of their faces."
Meanwhile, his client has expressed shock the case has attracted so much attention.
"I don't understand all the fuss directed towards the couple. They were the nicest people you'd ever meet. Would this make (the news) if they went to a 7-Eleven or a Tim's," Oshean said in a previous e-mail statement.
"It's my understanding that like any Canadian citizen, when they leave work they can participate in any legal activity they choose."
All sheriff's officers are required, even when off-duty, to not "bring a detrimental reflection on the reputation of the employer." They are also prohibited from engaging in activities could "affect their ability to perform their duties" or the ability of the employer to manage.
Neither participant appears to have advertised the fact they were sheriff's officers.
But several sheriff's have privately told the Free Press they believe the incident is a black eye for their profession, citing incidents of taunting and ridicule by inmates and the overall lack of professionalism it shows.
mike.mcintyre@freepress.mb.ca
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