Special Crown prosecutor Richard Fowler said 害羞草研究所渘o amount of hostility can justify making false statements to police害羞草研究所� in his final submissions Wednesday at former Surrey mayor Doug McCallum害羞草研究所檚 public mischief trial in Surrey provincial court.

害羞草研究所淎s a whole, it is clear that the essence of the complaint was that the running over his foot was a deliberate act that occurred after he had been pinned, to use his word, against the back of his car,害羞草研究所� Fowler said. It wasn害羞草研究所檛 a hit-and-run, Fowler argued, as driver Deborah Johnstone remained in the parking lot after her encounter with McCallum in which he alleges she purposefully ran over his foot.

害羞草研究所淎 hit-and-run is very different than a deliberate attempt to hit me,害羞草研究所� Fowler noted.

McCallum had time to think and reflect on what happened in the four hours after the incident, Fowler said. 害羞草研究所淗e had time to make sure what he told the police was going to be accurate.害羞草研究所� The 911 call, he noted, was made more than two hours later.

害羞草研究所淎nd in that two hours Mr. McCallum had gone grocery shopping, had spoken to the protesters, the people who were collecting signatures.害羞草研究所�

The former mayor is not someone without sophistication, Fowler noted. 害羞草研究所淥f course he was, he was running the city.害羞草研究所�

McCallum used the word 害羞草研究所減in害羞草研究所� more than 11 times, Fowler said. He argued that McCallum had made false statements to police that 害羞草研究所渃learly were designed to intentionally mislead them, purposefully causing someone to be suspected of having committed offences they did not commit.害羞草研究所�

害羞草研究所淗e said she had pinned him,害羞草研究所� Fowler told the court. 害羞草研究所淭hat simply did not happen.害羞草研究所�

Fowler said McCallum害羞草研究所檚 statements to police weren害羞草研究所檛 害羞草研究所渟imply reckless hyperbole. In other words, they weren害羞草研究所檛 statements that were made in the heat of the moment, with no time to quietly reflect on what had just happened.

害羞草研究所淎 review of the CCTV video footage clearly shows that Ms. Johnstone had not committed any of the offences suggested by Mr. McCallum害羞草研究所檚 statement.害羞草研究所�

Fowler told Judge Reginald Harris that what he needs to decide is if McCallum害羞草研究所檚 was a complaint that his foot was run over, or was a complaint that his foot was deliberately run over after he was pinned to the back of his car.

害羞草研究所淚f in fact Mr. McCallum害羞草研究所檚 foot was run over, in my respectful submission he has intentionally exploited what was an obvious accident by deliberately characterizing it as something it was not,害羞草研究所� Fowler said. 害羞草研究所淭he only reasonable inference in my respectful submission is that the Crown has proven beyond a reasonable doubt the elements of mischief. You can be sure he made false statements, you can be sure he intended to mislead. You can be sure he causes Deborah Johnston to be suspected of commiting an offence she did not.害羞草研究所�

Before that, defence lawyer Eric Gottardi told Harris that the 害羞草研究所減rimary reason the Crown害羞草研究所檚 case has failed is in fact his foot was run over,害羞草研究所� and that it is 害羞草研究所減reposterous害羞草研究所� to suggest there was an attempt at public mischief on McCallum害羞草研究所檚 part. He asked for an acquittal.

害羞草研究所淭he Crown cannot prove that the accused communicated false information to a peace officer,害羞草研究所� Gottardi argued.

McCallum害羞草研究所檚 trial is in its second week.

He 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.

After a 13-year break from the mayor害羞草研究所檚 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害羞草研究所檚 mayor. Brenda Locke, of Surrey Connect, defeated him for the mayor害羞草研究所檚 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 said she害羞草研究所檚 instructed city staff to that end, 害羞草研究所渁nd that they are to seek outside legal for an opinion regarding the city害羞草研究所檚 obligation.害羞草研究所�

The trial continues.

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