From www.winnipegsun.com- A local porn performer involved in a two year legal battle over a sex video featuring two courthouse sheriff’s officers is asking the court to strike down an order prohibiting her from posting it on her website.

The male and female officers were granted a temporary injunction in March 2007 yanking the raunchy video pending a trial to determine if they legally consented to its commercial distribution.

In court papers filed Wednesday, Oshean de St. Clair de Guise argued the couple has made little effort to move the matter along to trial and that the injunction should be lifted.

Twenty-seven months after Justice Albert Clearwater granted the injunction, no pre-trial conferences have been held and no trial dates set.

“It appears the plaintiffs have no interest in moving this matter forward and that their purpose was accomplished by way of the order granted on March 2, 2007,” de Guise said in an affidavit.

When Clearwater granted the injunction, he threatened to revisit his decision if both parties didn’t move swiftly to trial.

“I’ll be blunt — get it on or get it out,” he said.

The officers filed a lawsuit in January 2007 claiming they were drunk when they signed a waiver allowing the romp to be recorded and did not know it would be posted on the Internet.

Oshean and her husband and cameraman Johannes say the couple knew exactly what they were getting into and signed a waiver indicating they were over 18 and eligible to appear in an adult video “for commercial purposes.” At the time the video was recorded, Oshean.com had been up and running just three weeks.

“We believe we did not do anything wrong,” Oshean said in an e-mail to Sun Media yesterday. “It is our opinion that they are happy with the way things are, the status quo, so that the case is not moving forward.”

The video remained on the website for 72 days until Oshean and her husband voluntarily agreed to remove it on Jan 31, 2007.

“We produced less videos in the last couple of years than we had expected and we believe it is probably as a result of this court case,” Oshean said.

The sheriff’s officers were suspended by Manitoba Justice in late December 2006 after word of the video spread. The couple was reinstated 10 days later and then spent several weeks on stress leave before returning to work.

Lawyer Gerri Wiebe, who is representing the couple, did not return a phone call from a reporter Wednesday.

Here’s the backstory timeline:

November 18, 2006 — Two off-duty sheriff’s officers meet local porn star Oshean de St. Claire de Guise and her husband, Johannes, in the Desire nightclub in downtown Winnipeg. The pair eventually agrees to a filmed sexual encounter later that night.

November 19, 2006 — Johannes gets nearly an hour of raw footage of his wife involved in a threesome with the two sheriff’s officers inside their Garry Street studio apartment. The couple signed consent forms allowing themselves to be videotaped “for a commercial purpose.”

November 24, 2006 — Oshean and Johannes give the sheriff’s officers a private copy of the edited video.

December 28, 2006 — The sheriff’s officers say they learn, for the first time, that a video of their sexual encounter has been posted on Oshean’s personal website and is for sale.

Early January 2007 — Both sheriff’s officers are suspended without pay. Justice officials say they 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 that could “affect their ability to perform their duties” or the ability of the employer to manage.

January 18, 2007 — The couple hire a lawyer and file a civil suit against Oshean and Johannes, seeking permanent removal of the video, shutdown of the website and undisclosed financial damages.

February 2007 — The couple are allowed to return to work, but go on stress leave. They also file a grievance over lost wages.

April 2007 — A judge issues an injunction to remove the video in question from Oshean’s website, bur refuses the sheriff’s officers’ request to shut down the entire site. However, the video can be reposted and sold if Oshean and her husband get a favourable judicial ruling at trial.