Special Crown prosecutor Richard Fowler said B次元官网网址渘o amount of hostility can justify making false statements to policeB次元官网网址� in his final submissions Wednesday at former Surrey mayor Doug McCallumB次元官网网址檚 public mischief trial in Surrey provincial court.

B次元官网网址淎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,B次元官网网址� Fowler said. It wasnB次元官网网址檛 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.

B次元官网网址淎 hit-and-run is very different than a deliberate attempt to hit me,B次元官网网址� Fowler noted.

McCallum had time to think and reflect on what happened in the four hours after the incident, Fowler said. B次元官网网址淗e had time to make sure what he told the police was going to be accurate.B次元官网网址� The 911 call, he noted, was made more than two hours later.

B次元官网网址淎nd in that two hours Mr. McCallum had gone grocery shopping, had spoken to the protesters, the people who were collecting signatures.B次元官网网址�

The former mayor is not someone without sophistication, Fowler noted. B次元官网网址淥f course he was, he was running the city.B次元官网网址�

McCallum used the word B次元官网网址減inB次元官网网址� more than 11 times, Fowler said. He argued that McCallum had made false statements to police that B次元官网网址渃learly were designed to intentionally mislead them, purposefully causing someone to be suspected of having committed offences they did not commit.B次元官网网址�

B次元官网网址淗e said she had pinned him,B次元官网网址� Fowler told the court. B次元官网网址淭hat simply did not happen.B次元官网网址�

Fowler said McCallumB次元官网网址檚 statements to police werenB次元官网网址檛 B次元官网网址渟imply reckless hyperbole. In other words, they werenB次元官网网址檛 statements that were made in the heat of the moment, with no time to quietly reflect on what had just happened.

B次元官网网址淎 review of the CCTV video footage clearly shows that Ms. Johnstone had not committed any of the offences suggested by Mr. McCallumB次元官网网址檚 statement.B次元官网网址�

Fowler told Judge Reginald Harris that what he needs to decide is if McCallumB次元官网网址檚 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.

B次元官网网址淚f in fact Mr. McCallumB次元官网网址檚 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,B次元官网网址� Fowler said. B次元官网网址淭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.B次元官网网址�

Before that, defence lawyer Eric Gottardi told Harris that the B次元官网网址減rimary reason the CrownB次元官网网址檚 case has failed is in fact his foot was run over,B次元官网网址� and that it is B次元官网网址減reposterousB次元官网网址� to suggest there was an attempt at public mischief on McCallumB次元官网网址檚 part. He asked for an acquittal.

B次元官网网址淭he Crown cannot prove that the accused communicated false information to a peace officer,B次元官网网址� Gottardi argued.

McCallumB次元官网网址檚 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 mayorB次元官网网址檚 chair, which he occupied from 1996 to 2005, McCallum was sworn in by a judge on Nov. 5, 2018 for his fourth term as SurreyB次元官网网址檚 mayor. Brenda Locke, of Surrey Connect, defeated him for the mayorB次元官网网址檚 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 sheB次元官网网址檚 instructed city staff to that end, B次元官网网址渁nd that they are to seek outside legal for an opinion regarding the cityB次元官网网址檚 obligation.B次元官网网址�

The trial continues.

tom.zytaruk@surreynowleader.com
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