Doug McCallum乌鸦传媒檚 defence began its case Wednesday morning (Nov. 2) in Surrey provincial court with a declaration that Crown乌鸦传媒檚 evidence falls 乌鸦传媒渕arkedly short乌鸦传媒� of the criminal standard of proof for a public mischief charge.

Lawyer Eric Gottardi said evidence tendered by the defence will show McCallum乌鸦传媒檚 foot was 乌鸦传媒渋n fact乌鸦传媒� run over by Deborah Johnstone乌鸦传媒檚 tire on Sept. 4, 2021.

The former Surrey mayor is charged with one count of public mischief, 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. He is accused of misleading police.

The first of two expert witnesses the defence called Wednesday was Dennis Chimich, a biomechanical engineer and expert in injury causation.

Chimich told the court Johnstone乌鸦传媒檚 Mustang was moving slowly through the parking lot and he determined there was a mass of 413 kilograms over her right rear wheel. He submitted a report on the matter on Oct. 17, 2022, the court heard.

Chimich testified the vehicle 乌鸦传媒渞olled over乌鸦传媒� his foot while McCallum was 乌鸦传媒渞elatively乌鸦传媒� standing still and that feet can be run over by vehicle tires resulting in no fractures.

乌鸦传媒淏one injuries are not to be expected at low speed,乌鸦传媒� he said. The absense of fractures in McCallum乌鸦传媒檚 case 乌鸦传媒渄oes not mean that his foot was not run over.乌鸦传媒�

He brought out a skeleton foot model in court as a visual aid.

They discussed a journal called 乌鸦传媒淔oot and Ankle International,乌鸦传媒� which drew some chuckles from the gallery.

During cross examination, Chimich told special prosecutor Richard Fowler that he did not calculate horizontal acceleration but 乌鸦传媒渦sed mass as my guide乌鸦传媒� for vertical force. He did not know the state of the tire乌鸦传媒檚 inflation, he said. Nor did he examine McCallum乌鸦传媒檚 footware.

乌鸦传媒淚 did see pictures of the shoes, I did not physically examine them,乌鸦传媒� Chimich told the court.

Fowler asked him what minimal force is required to cause visible injuries on a foot inside a sock and shoe.

乌鸦传媒淚 don乌鸦传媒檛 know,乌鸦传媒� Chimich replied.

The defence乌鸦传媒檚 next expert witness, Bradley Heinrichs, is a mechanical engineer and expert in accident reconstruction and video analysis.

A frame-by-frame review of CCTV footage from the grocery store shows McCallum乌鸦传媒檚 arm 乌鸦传媒渏erk back乌鸦传媒� as the tire passes, Heinrich noted. He said he went to the scene and used a laser scanner to create a 3-D scan of the parking lot, which was shown in court.

Heinrichs said the video was not capable of telling him if there was a limp or change in McCallum乌鸦传媒檚 gait after the incident.

乌鸦传媒淚 couldn乌鸦传媒檛 tell,乌鸦传媒� he said.

A third witness for the defence, radiologist Dr. Hamed Basseri, works at Peace Arch Hospital in White Rock. He testified he found no X-ray evidence of a fracture in McCallum乌鸦传媒檚 left foot but found 乌鸦传媒渕oderate乌鸦传媒� soft-tissue swelling on the outside of the foot 乌鸦传媒渢oward the small toe.乌鸦传媒�

During cross-examination, Basseri told Fowler he never physically observed McCallum乌鸦传媒檚 foot and did not observe any X-ray of the right foot. He told the court he was not able to say if there was swelling on the day before or earlier.

乌鸦传媒淭hat乌鸦传媒檚 correct,乌鸦传媒� he told the court.

The trial continues on Tuesday, Nov. 8.

tom.zytaruk@surreynowleader.com
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