Former Surrey mayor Doug McCallumB次元官网网址檚 defence lawyer Richard Peck characterized his client as a victim of B次元官网网址渁nimosity arising from a culture of meannessB次元官网网址� and B次元官网网址渢oxic fanaticismB次元官网网址� in his final submissions Tuesday afternoon in McCallumB次元官网网址檚 public mischief trial.
B次元官网网址淲hen repeated it amounts to criminal harassment, and repeated it was,B次元官网网址� Peck told Judge Reginald Harris, who is presiding over the trial in courtroom 101, Surrey provincial courtB次元官网网址檚 largest courtroom.
B次元官网网址淪he despised McCallum,B次元官网网址� Peck said of Deborah Johnstone, whom the mayor accuses of running over his foot with her car.
Peck said McCallum B次元官网网址� a B次元官网网址渄edicated public servantB次元官网网址� who as mayor B次元官网网址渨eathered a fair share of criticismB次元官网网址� from a B次元官网网址渟mall subsetB次元官网网址� of the population B次元官网网址� was taking a break from the B次元官网网址渉urly burlyB次元官网网址� of public life to do some grocery shopping on Sept. 4, 2021 when the event resulting in his criminal charge occurred.
B次元官网网址淔or her, itB次元官网网址檚 an opportunity,B次元官网网址� he told the judge. Peck called JohnstoneB次元官网网址檚 driving the B次元官网网址渆pitome of reckless.
B次元官网网址淚n the process his foot was run over,B次元官网网址� he said. Once Johnstone saw McCallum in the parking lot, Peck submitted, B次元官网网址渟he targeted and stalked him. She drove her car stealthily.B次元官网网址�
McCallumB次元官网网址檚 confusion in perception was not surprising given the circumstances, Peck argued.
B次元官网网址淗e was startled,B次元官网网址� the defence lawyer said. B次元官网网址淣aturally there was upset, confusion and distortion of memory.B次元官网网址�
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 B次元官网网址� the woman McCallum claims drove over his foot B次元官网网址� involved Johnstone yelling and swearing at them during an event.
B次元官网网址淭he mayor didnB次元官网网址檛 react to it. We just thought that was odd behaviour.B次元官网网址�
Guerra was part of McCallumB次元官网网址檚 team on council for four years before her election defeat on Oct. 15. B次元官网网址淯p until yesterday I was a councillor.B次元官网网址�
She testified that during a council meeting Johnstone was making B次元官网网址渂izarreB次元官网网址� facial expressions B次元官网网址� B次元官网网址渒ind of goofy looking.B次元官网网址�
B次元官网网址淒ebi Johnstone told me to go F myself.B次元官网网址�
B次元官网网址淚t was a shocking display that we never experienced before,B次元官网网址� 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. B次元官网网址淚n my opinion the line has been crossed,B次元官网网址� Guerra said, adding she felt B次元官网网址渢errified.
B次元官网网址淚 didnB次元官网网址檛 sign up for that. ItB次元官网网址檚 disgraceful.B次元官网网址�
With that, the defence closed its case.
McCallumB次元官网网址檚 first defence witness Tuesday, orthopedic surgeon Dr. Kevin Wing, testified before a packed courtroom that the former Surrey mayorB次元官网网址檚 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.
B次元官网网址淭he foot is complex,B次元官网网址� Wing said, noting it has 26 bones. He teaches at UBC, specializes in foot and ankle injuries and practices at St. PaulB次元官网网址檚 Hospital.
Defence lawyer Eric Gottardi asked what role adrenaline plays in recognizing whether you are injured or not. Wing replied itB次元官网网址檚 B次元官网网址渨ell recognizedB次元官网网址� 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 McCallumB次元官网网址檚 can arise from B次元官网网址渟udden stimuli,B次元官网网址� such as reacting to a car going by, through pivoting or shifting weight.
B次元官网网址淭he answer is yes,B次元官网网址� the doctor replied.
B次元官网网址淪omething happened in conjunction with this brief interaction with this vehicle.B次元官网网址�
During cross-examination, Special prosecutor Richard Fowler noted McCallum claimed his leg and foot was run over and asked Wing if McCallumB次元官网网址檚 medical record contained anything about his leg.
Wing told the court McCallum underwent a B次元官网网址渇oot-slash-ankle exam.B次元官网网址� Asked if swelling can be caused by aging or high blood pressure, Fowler testified a history of hypertension wouldnB次元官网网址檛 B次元官网网址渢riggerB次元官网网址� him to expect to see swelling in the foot.
Fowler asked if there was anything in McCallumB次元官网网址檚 medical record indicating inconsistency between his left foot and right foot.
B次元官网网址淐orrect,B次元官网网址� Wing replied. He said if the left foot was the source of the complaint he wouldnB次元官网网址檛 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 B次元官网网址渧ery dangerousB次元官网网址� manner. B次元官网网址淚 really on this one want to go after her,B次元官网网址� McCallum told police.
Special prosecutor Richard Fowler said B次元官网网址渢he question will beB次元官网网址� if McCallum intended to mislead police into believing she had done something illegal B次元官网网址渂y making false statements to the police with the intention to cause Ms. Johnstone to be suspected of having committed an offence.B次元官网网址�
The court reviewed CCTV footage from the grocery storeB次元官网网址檚 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. B次元官网网址淚t became unpleasantries between the two of us, back and forth,B次元官网网址� Johnstone testified. B次元官网网址淚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.
B次元官网网址淚 swore at him,B次元官网网址� she testified. B次元官网网址淚 made a reference to him having a scaly face. I called him a scaly-faced motherfB次元官网网址�-er.B次元官网网址�
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 didnB次元官网网址檛 hear, feel or see anything unexpected and doesnB次元官网网址檛 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 McCallumB次元官网网址檚 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 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 told the Now-Leader last week she instructed city staff B次元官网网址渢o seek outside legal for an opinion regarding the cityB次元官网网址檚 obligation.B次元官网网址�
Meantime, the court heard last week the Surrey RCMP had a seven-member team investigating McCallumB次元官网网址檚 complaint.
B次元官网网址淧retty extraordinary isnB次元官网网址檛 it?B次元官网网址� defence lawyer Richard Peck, K.C., asked Crown witness Sgt. Andre Johnny, the prime investigator, to which the officer replied, B次元官网网址淣o.B次元官网网址� Johnny told the court he couldnB次元官网网址檛 conclusively say whether McCallumB次元官网网址檚 foot had been run over.
McCallumB次元官网网址檚 911 call reporting the alleged hit-and-run was played in court, with him telling the dispatcher Johnstone B次元官网网址渏ust about hit me, actuallyB次元官网网址� and B次元官网网址渟he ran over my leg and foot.B次元官网网址�
B次元官网网址淪heB次元官网网址檚 harassed me before,B次元官网网址� McCallum told the dispatcher. B次元官网网址淪he called me a piece of shit.B次元官网网址�
Asked if he needed an ambulance, McCallum told the dispatcher he could drive with his right foot to hospital but his left foot was B次元官网网址渧ery numb.B次元官网网址� McCallum later told the Surrey RCMP during a 58-minute interview at the station that B次元官网网址渟he just floored it. I thought she was going to peel rubber.B次元官网网址�
B次元官网网址淚t looked like she just purposely wanted to clip me,B次元官网网址� 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.
McCallumB次元官网网址檚 defence began its case with a declaration that the evidence presented by the Crown falls B次元官网网址渕arkedly shortB次元官网网址� 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 JohnstoneB次元官网网址檚 right rear wheel, that the vehicle B次元官网网址渞olled overB次元官网网址� McCallumB次元官网网址檚 foot as he was B次元官网网址渞elativelyB次元官网网址� standing still, and that feet can be run over resulting in no fractures.
B次元官网网址淏one injuries are not to be expected at low speed,B次元官网网址� he said. The absence of fractures in McCallumB次元官网网址檚 case B次元官网网址渄oes not mean that his foot was not run over.B次元官网网址�
He brought out a skeleton foot model in court as a visual aid. They also discussed a journal called B次元官网网址淔oot and Ankle International,B次元官网网址� which drew some chuckles from the gallery.
During cross examination, Chimich told Fowler he didnB次元官网网址檛 calculate horizontal acceleration but B次元官网网址渦sed mass as my guideB次元官网网址� for vertical force. He did not know the state of the tireB次元官网网址檚 inflation, he said, nor did he physically examine McCallumB次元官网网址檚 shoes but saw photos. Fowler asked him what minimal force is required to cause visible injuries on a foot inside a sock and shoe. B次元官网网址淚 donB次元官网网址檛 know,B次元官网网址� Chimich replied.
The defenceB次元官网网址檚 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 McCallumB次元官网网址檚 arm B次元官网网址渏erk backB次元官网网址� 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 McCallumB次元官网网址檚 gait after the incident. B次元官网网址淚 couldnB次元官网网址檛 tell,B次元官网网址� 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 McCallumB次元官网网址檚 left foot but B次元官网网址渕oderateB次元官网网址� soft-tissue swelling on the outside of the foot B次元官网网址渢oward the small toe.B次元官网网址� During cross-examination, Basseri told Fowler he never physically observed McCallumB次元官网网址檚 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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