Jack Keating, Staff Reporter The Province

Despite objections from plaintiff Darryl Neudorf's lawyer, a former lover of his will be allowed to testify as a defence witness in the Sarah McLachlan civil suit, a B.C. Supreme Court justice ruled yesterday.

"This is a disgruntled ex-girlfriend who has been called for the purposes of character assassination more than anything else," Neudorf's lawyer Jonathan Simkin told Justice Bruce Cohen.

Simkin described Susan Swanson as a "highly prejudiced" witness who will offer "inherently unreliable" evidence that is "marginally relevant at best."

McLachlan's lawyer Jennifer Conkie said Swanson was Neudorf's fiance in 1988 and had relevant information.

"She has important evidence to give regarding (calendar) dates and the plaintiff's state of mind before coming from Toronto to work on the project, during his time in Vancouver and after the album was released," she said.

Simkin protested the fact the defence did not reveal Swanson as a witness until the trial began.

"I agree there's an element of unfairness in respect to calling this witness," said Cohen, who delayed her testimony until next week so Simkin can receive a "will-say statement" from the defence to prepare for his cross-examination.

The legal wrangling came on the second day of testimony by Touch producer Greg Reely, who chronicled his work on the CD.

Neudorf, 34, is suing McLachlan and Vancouver-based Nettwerk Productions for credit and financial compensation for his song-writing on four songs -- Steaming, Vox, Sad Clown and Strange World --- and credit as co-producer on the 1988 CD Touch that launched the then 19-year-old singer on a path that has seen her become one of the world's top female vocalists.

The liner notes say Reely produced, mixed and engineered the CD. Neudorf was credited with "pre-production co-ordination and production assistance."

"It seems quite accurate," Reely said. "That's how I feel (Neudorf's) role was."

Reely was given two royalty points on the album and Neudorf one.

"I felt then and now that the credits that were given are fair," Reely said.

"He made no mention that he didn't like his credit," said Reely, but Neudorf did say he was not satisfied with his wages.

The hearing continues.