Former Surrey mayor Doug McCallum乌鸦传媒檚 defence lawyer Richard Peck characterized his client as a victim of 乌鸦传媒渁nimosity arising from a culture of meanness乌鸦传媒� and 乌鸦传媒渢oxic fanaticism乌鸦传媒� in his final submissions Tuesday afternoon in McCallum乌鸦传媒檚 public mischief trial.
乌鸦传媒淲hen repeated it amounts to criminal harassment, and repeated it was,乌鸦传媒� Peck told Judge Reginald Harris, who is presiding over the trial in courtroom 101, Surrey provincial court乌鸦传媒檚 largest courtroom.
乌鸦传媒淪he despised McCallum,乌鸦传媒� Peck said of Deborah Johnstone, whom the mayor accuses of running over his foot with her car.
Peck said McCallum 乌鸦传媒� a 乌鸦传媒渄edicated public servant乌鸦传媒� who as mayor 乌鸦传媒渨eathered a fair share of criticism乌鸦传媒� from a 乌鸦传媒渟mall subset乌鸦传媒� of the population 乌鸦传媒� was taking a break from the 乌鸦传媒渉urly burly乌鸦传媒� of public life to do some grocery shopping on Sept. 4, 2021 when the event resulting in his criminal charge occurred.
乌鸦传媒淔or her, it乌鸦传媒檚 an opportunity,乌鸦传媒� he told the judge. Peck called Johnstone乌鸦传媒檚 driving the 乌鸦传媒渆pitome of reckless.
乌鸦传媒淚n the process his foot was run over,乌鸦传媒� he said. Once Johnstone saw McCallum in the parking lot, Peck submitted, 乌鸦传媒渟he targeted and stalked him. She drove her car stealthily.乌鸦传媒�
McCallum乌鸦传媒檚 confusion in perception was not surprising given the circumstances, Peck argued.
乌鸦传媒淗e was startled,乌鸦传媒� the defence lawyer said. 乌鸦传媒淣aturally there was upset, confusion and distortion of memory.乌鸦传媒�
The Crown was set to make its final submissions on Wednesday, after press time.
McCallum did not testify.
Former Safe Surrey Coalition councillor Laurie Guerra testified Tuesday that her first encounter with Johnstone 乌鸦传媒� the woman McCallum claims drove over his foot 乌鸦传媒� involved Johnstone yelling and swearing at them during an event.
乌鸦传媒淭he mayor didn乌鸦传媒檛 react to it. We just thought that was odd behaviour.乌鸦传媒�
Guerra was part of McCallum乌鸦传媒檚 team on council for four years before her election defeat on Oct. 15. 乌鸦传媒淯p until yesterday I was a councillor.乌鸦传媒�
She testified that during a council meeting Johnstone was making 乌鸦传媒渂izarre乌鸦传媒� facial expressions 乌鸦传媒� 乌鸦传媒渒ind of goofy looking.乌鸦传媒�
乌鸦传媒淒ebi Johnstone told me to go F myself.乌鸦传媒�
乌鸦传媒淚t was a shocking display that we never experienced before,乌鸦传媒� Guerra said. She told the court Johnstone showed up at her home with a camera in her hand, along with Merle Scott, wife of Keep the RCMP in Surrey campaign organizer Ivan Scott. 乌鸦传媒淚n my opinion the line has been crossed,乌鸦传媒� Guerra said, adding she felt 乌鸦传媒渢errified.
乌鸦传媒淚 didn乌鸦传媒檛 sign up for that. It乌鸦传媒檚 disgraceful.乌鸦传媒�
With that, the defence closed its case.
McCallum乌鸦传媒檚 first defence witness Tuesday, orthopedic surgeon Dr. Kevin Wing, testified before a packed courtroom that the former Surrey mayor乌鸦传媒檚 medical records from Peace Arch Hospital are consistent with soft tissue injury to his foot. McCallum claims his foot was run over during a parking lot spat in South Surrey.
乌鸦传媒淭he foot is complex,乌鸦传媒� Wing said, noting it has 26 bones. He teaches at UBC, specializes in foot and ankle injuries and practices at St. Paul乌鸦传媒檚 Hospital.
Defence lawyer Eric Gottardi asked what role adrenaline plays in recognizing whether you are injured or not. Wing replied it乌鸦传媒檚 乌鸦传媒渨ell recognized乌鸦传媒� that in fight-or-flight situations adrenaline is a factor. A twisted ankle, he noted, might get increasingly sore after the fact.
Gottardi asked if injuries similar to McCallum乌鸦传媒檚 can arise from 乌鸦传媒渟udden stimuli,乌鸦传媒� such as reacting to a car going by, through pivoting or shifting weight.
乌鸦传媒淭he answer is yes,乌鸦传媒� the doctor replied.
乌鸦传媒淪omething happened in conjunction with this brief interaction with this vehicle.乌鸦传媒�
During cross-examination, Special prosecutor Richard Fowler noted McCallum claimed his leg and foot was run over and asked Wing if McCallum乌鸦传媒檚 medical record contained anything about his leg.
Wing told the court McCallum underwent a 乌鸦传媒渇oot-slash-ankle exam.乌鸦传媒� Asked if swelling can be caused by aging or high blood pressure, Fowler testified a history of hypertension wouldn乌鸦传媒檛 乌鸦传媒渢rigger乌鸦传媒� him to expect to see swelling in the foot.
Fowler asked if there was anything in McCallum乌鸦传媒檚 medical record indicating inconsistency between his left foot and right foot.
乌鸦传媒淐orrect,乌鸦传媒� Wing replied. He said if the left foot was the source of the complaint he wouldn乌鸦传媒檛 expect the right foot would be examined.
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.
Last week, 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 乌鸦传媒渧ery dangerous乌鸦传媒� manner. 乌鸦传媒淚 really on this one want to go after her,乌鸦传媒� McCallum told police.
Special prosecutor Richard Fowler said 乌鸦传媒渢he question will be乌鸦传媒� if McCallum intended to mislead police into believing she had done something illegal 乌鸦传媒渂y making false statements to the police with the intention to cause Ms. Johnstone to be suspected of having committed an offence.乌鸦传媒�
The court reviewed CCTV footage from the grocery store乌鸦传媒檚 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. 乌鸦传媒淚t became unpleasantries between the two of us, back and forth,乌鸦传媒� Johnstone testified. 乌鸦传媒淚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.
乌鸦传媒淚 swore at him,乌鸦传媒� she testified. 乌鸦传媒淚 made a reference to him having a scaly face. I called him a scaly-faced motherf乌鸦传媒�-er.乌鸦传媒�
Johnstone told the court she drove away slowly because she was in a parking lot. She said her intent was to find parking.
Johnstone said she didn乌鸦传媒檛 hear, feel or see anything unexpected and doesn乌鸦传媒檛 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.
The Crown is proceeding summarily in McCallum乌鸦传媒檚 trial. 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.
After a 13-year break from the mayor乌鸦传媒檚 chair, which he occupied from 1996 to 2005, McCallum was sworn in by a judge on Nov. 5, 2018 for his fourth term as Surrey乌鸦传媒檚 mayor. Brenda Locke, of Surrey Connect, defeated him for the mayor乌鸦传媒檚 seat in the Oct. 15 election by 973 votes. Locke and the new council were sworn in on Monday night (Nov. 7). One of her 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 told the Now-Leader last week she instructed city staff 乌鸦传媒渢o seek outside legal for an opinion regarding the city乌鸦传媒檚 obligation.乌鸦传媒�
Meantime, the court heard last week the Surrey RCMP had a seven-member team investigating McCallum乌鸦传媒檚 complaint.
乌鸦传媒淧retty extraordinary isn乌鸦传媒檛 it?乌鸦传媒� defence lawyer Richard Peck, K.C., asked Crown witness Sgt. Andre Johnny, the prime investigator, to which the officer replied, 乌鸦传媒淣o.乌鸦传媒� Johnny told the court he couldn乌鸦传媒檛 conclusively say whether McCallum乌鸦传媒檚 foot had been run over.
McCallum乌鸦传媒檚 911 call reporting the alleged hit-and-run was played in court, with him telling the dispatcher Johnstone 乌鸦传媒渏ust about hit me, actually乌鸦传媒� and 乌鸦传媒渟he ran over my leg and foot.乌鸦传媒�
乌鸦传媒淪he乌鸦传媒檚 harassed me before,乌鸦传媒� McCallum told the dispatcher. 乌鸦传媒淪he called me a piece of shit.乌鸦传媒�
Asked if he needed an ambulance, McCallum told the dispatcher he could drive with his right foot to hospital but his left foot was 乌鸦传媒渧ery numb.乌鸦传媒� McCallum later told the Surrey RCMP during a 58-minute interview at the station that 乌鸦传媒渟he just floored it. I thought she was going to peel rubber.乌鸦传媒�
乌鸦传媒淚t looked like she just purposely wanted to clip me,乌鸦传媒� he said.
McCallum told the police officer he went to Peace Arch Hospital and underwent seven X-rays which, he said, revealed soft tissue damage but no broken bones.
McCallum乌鸦传媒檚 defence began its case with a declaration that the evidence presented by the Crown falls 乌鸦传媒渕arkedly short乌鸦传媒� of the criminal standard of proof to support a conviction.
Gottardi called as a witness Dennis Chimich, a biomechanical engineer and expert in injury causation. Chimich determined there was a mass of 413 kilograms over Johnstone乌鸦传媒檚 right rear wheel, that the vehicle 乌鸦传媒渞olled over乌鸦传媒� McCallum乌鸦传媒檚 foot as he was 乌鸦传媒渞elatively乌鸦传媒� standing still, and that feet can be run over 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 absence 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 also 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 Fowler he didn乌鸦传媒檛 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 physically examine McCallum乌鸦传媒檚 shoes but saw photos. 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 was Bradley Heinrichs, 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 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 Sept. 4 or earlier.
tom.zytaruk@surreynowleader.com
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