Former Surrey mayor Doug McCallum has been found not guilty of public mischief.

Judge Reginald Harris rendered his Monday in courtroom 101, Surrey provincial courtsa国际传媒檚 largest courtroom.

sa国际传媒淚n my view, it defies logic that Mr. McCallum would deliberately mislead the police and then immediately suggest they get evidence, the video, that would show him to be a categorical liar and destroy his efforts to mislead,sa国际传媒� Harris reasoned. sa国际传媒淟ogically, he would not have suggested to police to try and get a video of the event if he was intentionally misleading.sa国际传媒�

sa国际传媒淭he presumption of innocence confirms our faith in humankind,sa国际传媒� Harris noted. To convict on sa国际传媒渟uspicion,sa国际传媒� he added, sa国际传媒渨ould be wrong.sa国际传媒�

McCallum, 77, was charged with one count of public mischief contrary to Section 140(2) of the Criminal Code, stemming from an encounter on Sept. 4, 2021 between himself and a group of volunteers that was gathering petition signatures outside the South Point Save-On-Foods store in South Surrey for a referendum on the policing transition.

Doug McCallum statement: "To the people of Surrey, I love you. I love all of you."

sa国际传媒� Tom Zytaruk (@tomzytaruk)

Following the verdict, McCallum read out a short statement, at the courthouse entrance, in which he understandably said hesa国际传媒檚 sa国际传媒減leased with the decision,sa国际传媒� thanked his legal team for sa国际传媒渢heir tremendous efforts in this case,sa国际传媒� and gave a sa国际传媒渟pecial thankssa国际传媒� to his family for their support and understanding. sa国际传媒淚 appreciate also the sensitivity of the media in covering my case, and to the people of Surrey, I love you, I love all of you.sa国际传媒�

He did not take questions.

His trial began on Oct. 31 and concluded on Nov. 9.

McCallumsa国际传媒檚 four-lawyer defence team was led by Richard Peck, K.C., opposite Special Prosecutor Richard Fowler.

After a 13-year break from the mayorsa国际传媒檚 chair, which he occupied from 1996 to 2005, McCallum was sworn in by a judge on Nov. 5, 2018 for his fourth term as Surreysa国际传媒檚 mayor. Brenda Locke, of Surrey Connect, defeated him for the mayorsa国际传媒檚 seat in the Oct. 15 election by 973 votes.

One of Lockesa国际传媒檚 election promises was to make McCallum pay for his own legal costs in this case, rather than Surrey taxpayers having to foot the bill. Locke said shesa国际传媒檚 instructed city staff to that end, sa国际传媒渁nd that they are to seek outside legal for an opinion regarding the citysa国际传媒檚 obligation.sa国际传媒�

Former Surrey councillor Laurie Guerra, a Safe Surrey Coalition councillor who was defeated along with McCallum on Oct. 15, she tears of happiness at the verdict. She said outside court she sa国际传媒渁bsolutelysa国际传媒� thinks this case damaged McCallumsa国际传媒檚 prospects of being re-elected.

sa国际传媒淢ost of the residents in Surrey are law-abiding citizens. We donsa国际传媒檛 think for a second that our police and that our Crown prosecutor is going to charge somebody without having a really high threshold that is met in their evidence sa国际传媒� but wrong. We were wrong. Even I second-guessed it.sa国际传媒�

She thinks the charge was sa国际传媒渙ne of the reasonssa国际传媒� that cost him the election. sa国际传媒淚 think that paints a bad picture.sa国际传媒�

Former Surrey councillor reacts to Doug McCallum not guilty verdict

sa国际传媒� Tom Zytaruk (@tomzytaruk)

The court heard McCallum told police Johnstone ran over his leg and foot with her Mustang in the parking lot then drove off in a sa国际传媒渧ery dangeroussa国际传媒� manner. sa国际传媒淚 really on this one want to go after her,sa国际传媒� McCallum told police.

Fowler said sa国际传媒渢he question will besa国际传媒� if McCallum intended to mislead police into believing she had done something illegal sa国际传媒渂y making false statements to the police with the intention to cause Ms. Johnstone to be suspected of having committed an offence.sa国际传媒�

sa国际传媒淗e said she had pinned him,sa国际传媒� Fowler told the court. sa国际传媒淭hat simply did not happen.sa国际传媒�

The court reviewed CCTV footage from the grocery storesa国际传媒檚 entrance looking out into the parking lot where Johnstone confronted McCallum, they had an exchange, she drove off and he then walked to the store. sa国际传媒淚t became unpleasantries between the two of us, back and forth,sa国际传媒� Johnstone testified. sa国际传媒淚t was a heated debate. I told him he was the worst mayor that Surrey ever had. I told him he was mean-spirited and a liar.sa国际传媒�

Johnstone said she didnsa国际传媒檛 hear, feel or see anything unexpected and doesnsa国际传媒檛 recall McCallum saying anything to her as she drove off. Later that afternoon, police told her she was being investigated for assault with a weapon and criminal harassment.

sa国际传媒淎 review of the CCTV video footage clearly shows that Ms. Johnstone had not committed any of the offences suggested by Mr. McCallumsa国际传媒檚 statement,sa国际传媒� Fowler argued before the court.

Defence lawyer Eric Gottardi said in final submissions it is sa国际传媒減reposteroussa国际传媒� to suggest there was an attempt at public mischief on McCallumsa国际传媒檚 part, and asked for an acquittal.

sa国际传媒淭he Crown cannot prove that the accused communicated false information to a peace officer,sa国际传媒� Gottardi argued. He said it wasnsa国际传媒檛 McCallumsa国际传媒檚 intent to waste police officerssa国际传媒� time or sa国际传媒渢o get revengesa国际传媒� on Johnstone.

The Crown proceeded summarily in the case. Criminal cases are prosecuted either by indictment, summarily or a hybrid of the two. Summary offences are the least serious of the three.

A summary offence in B.C. is considered to be in the realm of petty crime and under the Criminal Code of Canada is the least serious type of offence.

Harris noted the video confirmed McCallum was not pinned against his car and sa国际传媒渢heresa国际传媒檚 nothing to suggest that Johnstonesa国际传媒檚 speed was different from the other vehicles in the lot.sa国际传媒� Nor did anything in the video suggest McCallum was in significant pain, the judge noted. He also considered testimony that adrenaline can suppress pain, which will start to sa国际传媒渆merge and intensity as the adrenaline begins to wane.sa国际传媒�

He concluded that McCallum and Johnstone being in the same place, at the same place, was a coincidence.

sa国际传媒淒espite the coincidence of their simultaneous presence, I find their interaction resulted in Ms. Johnstonesa国际传媒檚 deliberate and targeted acts,sa国际传媒� he said. sa国际传媒淎fter confirming it was Mr. McCallum, she stealthily approached him from behind then, and without warning, she commenced a verbal assault. All of this occurred when Mr. McCallum was simply walking in a parking lot.sa国际传媒�

As for McCallumsa国际传媒檚 claim he was pinned, Harris noted that sa国际传媒渢he courts have recognized the common sense understanding that the distortion of memory can occur during stressful or traumatic events.sa国际传媒�

sa国际传媒淚 am satisfied beyond a reasonable doubt that Ms. Johnstone ran over his foot.sa国际传媒�

Johnstone said shesa国际传媒檚 sa国际传媒渄isappointedsa国际传媒� with the decision. sa国际传媒淚 remain adamant that I did not run over Mr. McCallumsa国际传媒檚 foot with my car.sa国际传媒�

tom.zytaruk@surreynowleader.com
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