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

Judge Reginald Harris rendered his Monday in courtroom 101, Surrey provincial court乌鸦传媒檚 largest courtroom.

乌鸦传媒淚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,乌鸦传媒� Harris reasoned. 乌鸦传媒淟ogically, he would not have suggested to police to try and get a video of the event if he was intentionally misleading.乌鸦传媒�

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

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."

乌鸦传媒� Tom Zytaruk (@tomzytaruk)

Following the verdict, McCallum read out a short statement, at the courthouse entrance, in which he understandably said he乌鸦传媒檚 乌鸦传媒減leased with the decision,乌鸦传媒� thanked his legal team for 乌鸦传媒渢heir tremendous efforts in this case,乌鸦传媒� and gave a 乌鸦传媒渟pecial thanks乌鸦传媒� to his family for their support and understanding. 乌鸦传媒淚 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.乌鸦传媒�

He did not take questions.

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

McCallum乌鸦传媒檚 four-lawyer defence team was led by Richard Peck, K.C., opposite Special Prosecutor Richard Fowler.

After a 13-year break from the 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.

One of Locke乌鸦传媒檚 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 she乌鸦传媒檚 instructed city staff to that end, 乌鸦传媒渁nd that they are to seek outside legal for an opinion regarding the city乌鸦传媒檚 obligation.乌鸦传媒�

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 乌鸦传媒渁bsolutely乌鸦传媒� thinks this case damaged McCallum乌鸦传媒檚 prospects of being re-elected.

乌鸦传媒淢ost of the residents in Surrey are law-abiding citizens. We don乌鸦传媒檛 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 乌鸦传媒� but wrong. We were wrong. Even I second-guessed it.乌鸦传媒�

She thinks the charge was 乌鸦传媒渙ne of the reasons乌鸦传媒� that cost him the election. 乌鸦传媒淚 think that paints a bad picture.乌鸦传媒�

Former Surrey councillor reacts to Doug McCallum not guilty verdict

乌鸦传媒� 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 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.

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�

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

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.

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

Defence lawyer Eric Gottardi said in final submissions it is 乌鸦传媒減reposterous乌鸦传媒� to suggest there was an attempt at public mischief on McCallum乌鸦传媒檚 part, and asked for an acquittal.

乌鸦传媒淭he Crown cannot prove that the accused communicated false information to a peace officer,乌鸦传媒� Gottardi argued. He said it wasn乌鸦传媒檛 McCallum乌鸦传媒檚 intent to waste police officers乌鸦传媒� time or 乌鸦传媒渢o get revenge乌鸦传媒� 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 乌鸦传媒渢here乌鸦传媒檚 nothing to suggest that Johnstone乌鸦传媒檚 speed was different from the other vehicles in the lot.乌鸦传媒� 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 乌鸦传媒渆merge and intensity as the adrenaline begins to wane.乌鸦传媒�

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

乌鸦传媒淒espite the coincidence of their simultaneous presence, I find their interaction resulted in Ms. Johnstone乌鸦传媒檚 deliberate and targeted acts,乌鸦传媒� he said. 乌鸦传媒淎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.乌鸦传媒�

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

乌鸦传媒淚 am satisfied beyond a reasonable doubt that Ms. Johnstone ran over his foot.乌鸦传媒�

Johnstone said she乌鸦传媒檚 乌鸦传媒渄isappointed乌鸦传媒� with the decision. 乌鸦传媒淚 remain adamant that I did not run over Mr. McCallum乌鸦传媒檚 foot with my car.乌鸦传媒�

tom.zytaruk@surreynowleader.com
Like us on Follow us on   and follow Tom on