You may recall the other day we discussed how rare private prosecutions are but here's one. We viewed the particular Fifth Estate Mr. Nygard is challenging in court. We've always found "The Fifth" to be an excellent example of investigative journalism at the CBC.
Sincerely,
Clare L. Pieuk
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Winnipeg Free Press - ONLINE EDITION
Nygård, CBC lock horns in court Lawyers fire opening salvos over TV report By:
Mike McIntyre and Bruce Owen
April 2, 2011
Joe Bryksa/Winnipeg Free Press Archives
Peter Nygard filed a private criminal prosecution over what's described as a conspiracy to defame him and harm his fashion empire.
THE battle lines have been drawn. And it appears a high-profile legal dispute between fashion titan Peter Nygård and the CBC is only getting started. Lawyers for both parties were in a Winnipeg courtroom Friday, slinging plenty of mud at each other in an attempt to argue their respective positions.
Nygård took the unprecedented step earlier this week of filing a private criminal prosecution against three CBC journalists in a case that’s described as an international conspiracy to discredit him and his clothing empire. He alleges Timothy Sawa, Morris Karp and Bob McKeown defamed him in a documentary broadcast last year.
The court action is on top of a civil defamation lawsuit, which was the subject of Friday’s hearing. Robert Tapper, a lawyer acting on behalf of the CBC, is seeking to have the civil case dismissed on the grounds it is a frivolous "abuse of process." He claims the CBC had every right to broadcast their story last April on The Fifth Estate and accused Nygård of wanting to "misbehave privately and hide his conduct from the scrutiny of the public and the scrutiny of the CBC."
"He is seeking blanket immunity from the public eye," Tapper told court. "No question Mr. Nygård’s not happy with (the report). Too bad."
Nygård’s team of civil lawyers argued the motion to strike the lawsuit filed by CBC has no merit and should be rejected. They said there is plenty of evidence, to be presented at a future trial, to show their case has merit.
Queen’s Bench Justice Diana Cameron reserved her decision.
Tapper accused Nygård of trying to control the media, saying numerous letters were sent to CBC before their report aired "demanding" an end to their investigation and threatening legal action if it was broadcast. The documentary can still be viewed on The Fifth Estate’s website.
"He likes (media) only to say what he wants them to say. And when it doesn’t, he runs to court," said Tapper. "Peter Nygård is, whether he likes or not, a public figure. His company is a notorious public entity."
Michael Farrant, a Nygård company spokesman, told the Free Press they have strong civil and criminal cases against the CBC.
"The original CBC program broadcast many vicious lies and information, which has been extremely damaging to Mr. Nygård and his businesses. He was aware of some of the false information and the unreliability of CBC’s sources prior to the airing of the program," Farrant said in a written statement. "This was pointed out to the CBC through the provision of supporting evidence to demonstrate the inaccuracy of allegations which had been raised by this broadcaster and its employees. Despite this, and in total disregard for the truth, CBC proceeded with the program." He said their "intensive investigation" of the CBC has produced plenty of compelling evidence that will ultimately be presented in court.
"Mr. Nygård could not ignore this criminal activity and has now initiated proceedings to bring these predators to justice," said Farrant.
Nygård has retained Winnipeg criminal lawyer Jay Prober to prosecute the three journalists under Section 301 of Canada’s Criminal Code. A court date has been set for May 2.
He also filed an affidavit by Alick Morrison, a retired Scotland Yard detective Nygård hired to investigate the CBC and its sources for the story. In the 26-page affidavit, Morrison alleges Sawa hired ex-FBI agent Jerry Forrester and former Bahamian police officer Bradley Pratt to help the CBC in its story — a story that was part of an effort to force Nygård from his lavish home in the Bahamas.
Morrison also alleges the Lyford Cay Property Owners Association in the Bahamas and Nygård’s neighbour Louis Bacon, an American hedge fund manager and trader, were involved with others to force Nygård from his home, "by means of a professional campaign of seemingly fabricated complaint and groundless accusation." Morrison also alleges the CBC used discredited and corrupt investigators to provide them with information and that the investigators admitted to bribing witness to provide false stories about Nygård.
None of the allegations in Morrison’s affidavit has been proven in court.
Nygård filed a similar court action in the Bahamas on Monday against Bacon, Forrester Pratt and the Lyford Cay Property Owners Association. He is seeking damages for injury to his reputation and court costs and an injunction prohibiting the defendants from publishing nationally or internationally anything that could harm his personal life. Earlier this month, Nygård also lodged a formal complaint against the Lyford Cay Property Owners Association with Bahamian police. Nygård has also been involved in an extended feud with Bacon over development plans for both their properties. One report said Bacon’s home is now up for sale and he’s moved. align="left">
www.mikeoncrime.com bruce.owen@freepress.mb.ca
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