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害羞草研究所檚 largest courtroom.

害羞草研究所淚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,害羞草研究所� Harris reasoned. 害羞草研究所淟ogically, he would not have suggested to police to try and get a video of the event if he was intentionally misleading.害羞草研究所�

害羞草研究所淭he presumption of innocence confirms our faith in humankind,害羞草研究所� Harris noted. To convict on 害羞草研究所渟uspicion,害羞草研究所� he added, 害羞草研究所渨ould be wrong.害羞草研究所�

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."

害羞草研究所� Tom Zytaruk (@tomzytaruk)

Following the verdict, McCallum read out a short statement, at the courthouse entrance, in which he understandably said he害羞草研究所檚 害羞草研究所減leased with the decision,害羞草研究所� thanked his legal team for 害羞草研究所渢heir tremendous efforts in this case,害羞草研究所� and gave a 害羞草研究所渟pecial thanks害羞草研究所� to his family for their support and understanding. 害羞草研究所淚 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.害羞草研究所�

He did not take questions.

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

McCallum害羞草研究所檚 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.

One of Locke害羞草研究所檚 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�

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 害羞草研究所渁bsolutely害羞草研究所� thinks this case damaged McCallum害羞草研究所檚 prospects of being re-elected.

害羞草研究所淢ost of the residents in Surrey are law-abiding citizens. We don害羞草研究所檛 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 害羞草研究所� but wrong. We were wrong. Even I second-guessed it.害羞草研究所�

She thinks the charge was 害羞草研究所渙ne of the reasons害羞草研究所� that cost him the election. 害羞草研究所淚 think that paints a bad picture.害羞草研究所�

Former Surrey councillor reacts to Doug McCallum not guilty verdict

害羞草研究所� 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 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.

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�

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�

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�

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.

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 argued before the court.

Defence lawyer Eric Gottardi said in final submissions 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, and 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. He said it wasn害羞草研究所檛 McCallum害羞草研究所檚 intent to waste police officers害羞草研究所� time or 害羞草研究所渢o get revenge害羞草研究所� 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 害羞草研究所渢here害羞草研究所檚 nothing to suggest that Johnstone害羞草研究所檚 speed was different from the other vehicles in the lot.害羞草研究所� 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 害羞草研究所渆merge and intensity as the adrenaline begins to wane.害羞草研究所�

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

害羞草研究所淒espite the coincidence of their simultaneous presence, I find their interaction resulted in Ms. Johnstone害羞草研究所檚 deliberate and targeted acts,害羞草研究所� he said. 害羞草研究所淎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.害羞草研究所�

As for McCallum害羞草研究所檚 claim he was pinned, Harris noted that 害羞草研究所渢he courts have recognized the common sense understanding that the distortion of memory can occur during stressful or traumatic events.害羞草研究所�

害羞草研究所淚 am satisfied beyond a reasonable doubt that Ms. Johnstone ran over his foot.害羞草研究所�

Johnstone said she害羞草研究所檚 害羞草研究所渄isappointed害羞草研究所� with the decision. 害羞草研究所淚 remain adamant that I did not run over Mr. McCallum害羞草研究所檚 foot with my car.害羞草研究所�

tom.zytaruk@surreynowleader.com
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