Doug McCallum害羞草研究所檚 defence began its case Wednesday morning (Nov. 2) in Surrey provincial court with a declaration that Crown害羞草研究所檚 evidence falls 害羞草研究所渕arkedly short害羞草研究所� of the criminal standard of proof for a public mischief charge.

Lawyer Eric Gottardi said evidence tendered by the defence will show McCallum害羞草研究所檚 foot was 害羞草研究所渋n fact害羞草研究所� run over by Deborah Johnstone害羞草研究所檚 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害羞草研究所檚 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 害羞草研究所渞olled over害羞草研究所� his foot while McCallum was 害羞草研究所渞elatively害羞草研究所� standing still and that feet can be run over by vehicle tires resulting in no fractures.

害羞草研究所淏one injuries are not to be expected at low speed,害羞草研究所� he said. The absense of fractures in McCallum害羞草研究所檚 case 害羞草研究所渄oes not mean that his foot was not run over.害羞草研究所�

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

They discussed a journal called 害羞草研究所淔oot and Ankle International,害羞草研究所� which drew some chuckles from the gallery.

During cross examination, Chimich told special prosecutor Richard Fowler that he did not calculate horizontal acceleration but 害羞草研究所渦sed mass as my guide害羞草研究所� for vertical force. He did not know the state of the tire害羞草研究所檚 inflation, he said. Nor did he examine McCallum害羞草研究所檚 footware.

害羞草研究所淚 did see pictures of the shoes, I did not physically examine them,害羞草研究所� Chimich told the court.

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

害羞草研究所淚 don害羞草研究所檛 know,害羞草研究所� Chimich replied.

The defence害羞草研究所檚 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害羞草研究所檚 arm 害羞草研究所渏erk back害羞草研究所� 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害羞草研究所檚 gait after the incident.

害羞草研究所淚 couldn害羞草研究所檛 tell,害羞草研究所� 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害羞草研究所檚 left foot but found 害羞草研究所渕oderate害羞草研究所� soft-tissue swelling on the outside of the foot 害羞草研究所渢oward the small toe.害羞草研究所�

During cross-examination, Basseri told Fowler he never physically observed McCallum害羞草研究所檚 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.

害羞草研究所淭hat害羞草研究所檚 correct,害羞草研究所� he told the court.

The trial continues on Tuesday, Nov. 8.

tom.zytaruk@surreynowleader.com
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