Port-of-Spain account executive Therese Ho is seeking substantial damages from Simmons for breaching the common law principle of confidence after he allegedly shared the intimate photos of her.
Ho applied for and received an injunction on June 5, 2014 from Justice Ronnie Boodoosingh preventing any further disclosure of material which emanated from her brief relationship with Simmons.
The court file was sealed on request of Ho’s attorneys but has since been reopened as the case is now set for trial before Justice Frank Seepersad in the Hall of Justice, Port-of-Spain. It has been adjourned to March 23.
The 30-year-old cricketer has denied ever being involved with Ho but admitted that the two had a brief singular sexual encounter.
Ho has alleged that Simmons shared the intimate photos of her with his fellow West Indies teammates via social media as well as the mobile application Viber while with the team during a tour of India.
Further, she accuses Simmons of distributing the photographs in revenge after she threatened to go public with their romantic affair. Simmons is a father of one. While there are no local laws preventing it, in the United Kingdom, people who maliciously share sexually explicit photos of former partners can face prosecution under newly introduced laws.
In April 2014, Simmons was signed by Indian Premier League side Mumbai Indians and has since been selected by the West Indies for the ICC World Cup which opens on Saturday when New Zealand — which is co-hosting the world cup with Australia —play former winners Sri Lanka.
The West Indies’ first game is next week Monday against Ireland.
Ho is represented in the case by attorneys Christian Chandler and Naveen Maraj while Ken Wright is counsel for Simmons.
Simmons has played for the West Indies in eight Test matches, 61 One Day Internationals and 34 T20s. He made his test debut in 2009 at his home ground Queen’s Park Oval when the West Indies played England in a match that was eventually drawn. The West Indies went on to win that series 1-0.