Former Surrey mayor Doug McCallum害羞草研究所檚 defence lawyer Richard Peck characterized his client as a victim of 害羞草研究所渁nimosity arising from a culture of meanness害羞草研究所� and 害羞草研究所渢oxic fanaticism害羞草研究所� in his final submissions Tuesday afternoon in McCallum害羞草研究所檚 public mischief trial.

害羞草研究所淲hen repeated it amounts to criminal harassment, and repeated it was,害羞草研究所� Peck told Judge Reginald Harris, who is presiding over the trial in courtroom 101, Surrey provincial court害羞草研究所檚 largest courtroom.

害羞草研究所淪he despised McCallum,害羞草研究所� Peck said of Deborah Johnstone, whom the mayor accuses of running over his foot with her car.

Peck said McCallum 害羞草研究所� a 害羞草研究所渄edicated public servant害羞草研究所� who as mayor 害羞草研究所渨eathered a fair share of criticism害羞草研究所� from a 害羞草研究所渟mall subset害羞草研究所� of the population 害羞草研究所� was taking a break from the 害羞草研究所渉urly burly害羞草研究所� of public life to do some grocery shopping on Sept. 4, 2021 when the event resulting in his criminal charge occurred.

害羞草研究所淔or her, it害羞草研究所檚 an opportunity,害羞草研究所� he told the judge. Peck called Johnstone害羞草研究所檚 driving the 害羞草研究所渆pitome of reckless.

害羞草研究所淚n the process his foot was run over,害羞草研究所� he said. Once Johnstone saw McCallum in the parking lot, Peck submitted, 害羞草研究所渟he targeted and stalked him. She drove her car stealthily.害羞草研究所�

McCallum害羞草研究所檚 confusion in perception was not surprising given the circumstances, Peck argued.

害羞草研究所淗e was startled,害羞草研究所� the defence lawyer said. 害羞草研究所淣aturally there was upset, confusion and distortion of memory.害羞草研究所�

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 害羞草研究所� the woman McCallum claims drove over his foot 害羞草研究所� involved Johnstone yelling and swearing at them during an event.

害羞草研究所淭he mayor didn害羞草研究所檛 react to it. We just thought that was odd behaviour.害羞草研究所�

Guerra was part of McCallum害羞草研究所檚 team on council for four years before her election defeat on Oct. 15. 害羞草研究所淯p until yesterday I was a councillor.害羞草研究所�

She testified that during a council meeting Johnstone was making 害羞草研究所渂izarre害羞草研究所� facial expressions 害羞草研究所� 害羞草研究所渒ind of goofy looking.害羞草研究所�

害羞草研究所淒ebi Johnstone told me to go F myself.害羞草研究所�

害羞草研究所淚t was a shocking display that we never experienced before,害羞草研究所� 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. 害羞草研究所淚n my opinion the line has been crossed,害羞草研究所� Guerra said, adding she felt 害羞草研究所渢errified.

害羞草研究所淚 didn害羞草研究所檛 sign up for that. It害羞草研究所檚 disgraceful.害羞草研究所�

With that, the defence closed its case.

McCallum害羞草研究所檚 first defence witness Tuesday, orthopedic surgeon Dr. Kevin Wing, testified before a packed courtroom that the former Surrey mayor害羞草研究所檚 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.

害羞草研究所淭he foot is complex,害羞草研究所� Wing said, noting it has 26 bones. He teaches at UBC, specializes in foot and ankle injuries and practices at St. Paul害羞草研究所檚 Hospital.

Defence lawyer Eric Gottardi asked what role adrenaline plays in recognizing whether you are injured or not. Wing replied it害羞草研究所檚 害羞草研究所渨ell recognized害羞草研究所� 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害羞草研究所檚 can arise from 害羞草研究所渟udden stimuli,害羞草研究所� such as reacting to a car going by, through pivoting or shifting weight.

害羞草研究所淭he answer is yes,害羞草研究所� the doctor replied.

害羞草研究所淪omething happened in conjunction with this brief interaction with this vehicle.害羞草研究所�

During cross-examination, Special prosecutor Richard Fowler noted McCallum claimed his leg and foot was run over and asked Wing if McCallum害羞草研究所檚 medical record contained anything about his leg.

Wing told the court McCallum underwent a 害羞草研究所渇oot-slash-ankle exam.害羞草研究所� Asked if swelling can be caused by aging or high blood pressure, Fowler testified a history of hypertension wouldn害羞草研究所檛 害羞草研究所渢rigger害羞草研究所� him to expect to see swelling in the foot.

Fowler asked if there was anything in McCallum害羞草研究所檚 medical record indicating inconsistency between his left foot and right foot.

害羞草研究所淐orrect,害羞草研究所� Wing replied. He said if the left foot was the source of the complaint he wouldn害羞草研究所檛 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 害羞草研究所渧ery dangerous害羞草研究所� manner. 害羞草研究所淚 really on this one want to go after her,害羞草研究所� McCallum told police.

Special prosecutor Richard Fowler said 害羞草研究所渢he question will be害羞草研究所� if McCallum intended to mislead police into believing she had done something illegal 害羞草研究所渂y making false statements to the police with the intention to cause Ms. Johnstone to be suspected of having committed an offence.害羞草研究所�

The court reviewed CCTV footage from the grocery store害羞草研究所檚 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. 害羞草研究所淚t became unpleasantries between the two of us, back and forth,害羞草研究所� Johnstone testified. 害羞草研究所淚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.

害羞草研究所淚 swore at him,害羞草研究所� she testified. 害羞草研究所淚 made a reference to him having a scaly face. I called him a scaly-faced motherf害羞草研究所�-er.害羞草研究所�

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害羞草研究所檛 hear, feel or see anything unexpected and doesn害羞草研究所檛 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害羞草研究所檚 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 told the Now-Leader last week she instructed city staff 害羞草研究所渢o seek outside legal for an opinion regarding the city害羞草研究所檚 obligation.害羞草研究所�

Meantime, the court heard last week the Surrey RCMP had a seven-member team investigating McCallum害羞草研究所檚 complaint.

害羞草研究所淧retty extraordinary isn害羞草研究所檛 it?害羞草研究所� defence lawyer Richard Peck, K.C., asked Crown witness Sgt. Andre Johnny, the prime investigator, to which the officer replied, 害羞草研究所淣o.害羞草研究所� Johnny told the court he couldn害羞草研究所檛 conclusively say whether McCallum害羞草研究所檚 foot had been run over.

McCallum害羞草研究所檚 911 call reporting the alleged hit-and-run was played in court, with him telling the dispatcher Johnstone 害羞草研究所渏ust about hit me, actually害羞草研究所� and 害羞草研究所渟he ran over my leg and foot.害羞草研究所�

害羞草研究所淪he害羞草研究所檚 harassed me before,害羞草研究所� McCallum told the dispatcher. 害羞草研究所淪he called me a piece of shit.害羞草研究所�

Asked if he needed an ambulance, McCallum told the dispatcher he could drive with his right foot to hospital but his left foot was 害羞草研究所渧ery numb.害羞草研究所� McCallum later told the Surrey RCMP during a 58-minute interview at the station that 害羞草研究所渟he just floored it. I thought she was going to peel rubber.害羞草研究所�

害羞草研究所淚t looked like she just purposely wanted to clip me,害羞草研究所� 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害羞草研究所檚 defence began its case with a declaration that the evidence presented by the Crown falls 害羞草研究所渕arkedly short害羞草研究所� 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害羞草研究所檚 right rear wheel, that the vehicle 害羞草研究所渞olled over害羞草研究所� McCallum害羞草研究所檚 foot as he was 害羞草研究所渞elatively害羞草研究所� standing still, and that feet can be run over 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 absence 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 also 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 Fowler he didn害羞草研究所檛 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 physically examine McCallum害羞草研究所檚 shoes but saw photos. Fowler asked him what minimal force is required to cause visible injuries on a foot inside a sock and shoe. 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 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 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 Sept. 4 or earlier.

tom.zytaruk@surreynowleader.com
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