Outgoing Surrey mayor Doug McCallumѻýs seven-day trial on a charge of public mischief began Monday morning (Oct. 31) in Surrey provincial court with a plea of not guilty.
Doug McCallum arrives at court in today to begin his 7-day trial. Story here:
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McCallumѻýs charge stems from an encounter on Sept. 4, 2021 between himself and a group of volunteers who were gathering petition signatures outside the South Point Save-On-Foods store in South Surrey for a referendum on the policing transition.
Special prosecutor Richard Fowler told Judge Reginald Harris on Monday that McCallum told police Surrey-resident Deborah Johnstone ran over his leg and foot with a Mustang two-door convertible and drove off in a ѻývery dangerousѻý manner.
The prosecutor told the court McCallum walked away and later that day told police Johnstone ѻýjust aboutѻý pinned him to his car and as she pulled away ѻýshe actually floored itѻý and purposefully turned toward him and ran over his foot. ѻýI really on this one want to go after her,ѻý Fowler said McCallum told police.
Fowler said ѻýthe question will beѻý if McCallum intended to mislead police into believing she had done something illegal ѻýby making false statements to the police with the intention to cause Ms. Johnstone to be suspected of having committed an offence.ѻý
The court reviewed CCTV footage from the grocery storeѻýs 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.
ѻýI said ѻýResign, McCallumѻý when she first saw him at the scene, Johnstone told the court. She said the roof was down on her car, which she was sitting in. It was parked, she said, and indicated she was roughly 15 feet away from him.
She said McCallum walked in front of her car and over to her passenger side and asked her, ѻýWhat did you say, madam?ѻý to which she again told him to resign.
ѻýIt became unpleasantries between the two of us, back and forth,ѻý Johnstone said. ѻýIt 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.
ѻýI swore at him,ѻý she testified. ѻýI made a reference to him having a scaly face. I called him a scaly-faced motherfѻý-er.ѻý
She said McCallum was saying things back.

ѻýHe told me I was a loud mouth, and something to the effect that I was no good for Surrey,ѻý she said. ѻýHe told me I wasnѻýt allowed to be there.ѻý
Johnstone said the exchange lasted about a minute. McCallum had spit at the side of his mouth, she said.
ѻýHe was angry.ѻý
She told the court McCallum threatened to call Bylaws on her and she replied for him to fill his boots, sheѻýd call the RCMP.
ѻýAs I drove away I yelled, ѻýYouѻýre evil.ѻýѻý
Johnstone told the court that she drove away slowly because she was in a parking lot. She said her intent was to find parking.
She didnѻýt hear, feel or see anything unexpected, she said, and doesnѻýt recall McCallum saying anything to her as she drove off.
Johnstone testified that later that afternoon she received a call from police asking her to come to the station ѻýas there had been an incident.
ѻýI went of my own free will,ѻý she said.
When she got to the station, she said, she spoke with an officer.
ѻýHe told me I was being investigated for assault with a weapon and criminal harassment.ѻý
McCallum sat with his lawyers and momentarily twiddled his thumbs while listening to Johnstoneѻýs testimony as roughly two dozen people, six of them reporters, listened from the gallery.
In cross examination Monday, Peck asked Johnstone about her saying, ѻýHoly crap, itѻýs McCallumѻý and that it was her ѻýlucky day.ѻý
He asked her why it was her ѻýlucky day?ѻý
She replied McCallum would typically put bylaw officers on the volunteers.
ѻýNow heѻýs going to have to confront all of us on his day off.ѻý
ѻýItѻýs been a long four years,ѻý she said. ѻýI have tried very hard just to be heard.ѻý
Peck suggested she uses ѻývileѻý language ѻýto intimidate and instill fear in people.ѻý
To this Johnstone responded, ѻýI do it to let them know what theyѻýre doing is not appropriate.ѻý
Peck asked her about an incident during which she went to McCallumѻýs home in Crescent Beach. ѻýHe was not governing the city in a democratic way,ѻý she replied. She added she thought it a legitimate way to protest and that she was not on his property.
ѻýJust so you know, I voted for Mr. McCallum in 2018,ѻý she said.
ѻýMr. Peck, there have been many things that have gone wrong.ѻý
She told the court about her hanging out a sign during a provincial election when she saw someone in a black SUV with a gun.
ѻýI also reported the death threat that was sprayed on my garage.ѻý
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Peck said she had no rational basis to suggest McCallum was behind these acts.
ѻýI canѻýt say Mr. McCallum did it,ѻý Johnstone retorted, adding she assumed it was ѻýlousy supportersѻý of his.
Peck asked Johnstone if itѻýs her habit to demean people with physical disabilities, referencing her comment about McCallumѻýs ѻýscalyѻý face.
ѻýNo,ѻý she replied. ѻýMr. McCallum has been very disrespectful to me.ѻý
The Crown is proceeding summarily in McCallumѻýs trial.
Criminal cases are prosecuted either by indictment, summarily or a hybrid of the two. Summary offences are the least serious of the three.
A person charged with an indictable offence is required to appear in court whereas someone accused of a summary offence does not, unless a judge says otherwise. 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 mayorѻýs chair, which he occupied from 1996 to 2005, McCallum was sworn in by a judge on Nov. 5, 2018 for his fourth term as Surreyѻýs mayor.
Brenda Locke, of Surrey Connect, defeated him for the mayorѻýs seat in the Oct. 15 election by 973 votes with 33,311 to McCallumѻýs 32,338. 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 said Monday sheѻýs instructed city staff to that end, ѻýand that they are to seek outside legal for an opinion regarding the cityѻýs obligation.ѻý
Itѻýs been a day of raw emotions. A man who had been in the courtroom was wrestled down and detained by sheriffs following a ruckus on an upper floor of the courthouse during the afternoon break.
The trial continues.
tom.zytaruk@surreynowleader.com
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