Special Crown prosecutor Richard Fowler said 㽶Ƶֱno amount of hostility can justify making false statements to police㽶Ƶֱ in his final submissions Wednesday at former Surrey mayor Doug McCallum㽶Ƶֱs public mischief trial in Surrey provincial court.
㽶ƵֱAs 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,㽶Ƶֱ Fowler said. It wasn㽶Ƶֱt 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.
㽶ƵֱA hit-and-run is very different than a deliberate attempt to hit me,㽶Ƶֱ Fowler noted.
McCallum had time to think and reflect on what happened in the four hours after the incident, Fowler said. 㽶ƵֱHe had time to make sure what he told the police was going to be accurate.㽶Ƶֱ The 911 call, he noted, was made more than two hours later.
㽶ƵֱAnd in that two hours Mr. McCallum had gone grocery shopping, had spoken to the protesters, the people who were collecting signatures.㽶Ƶֱ
The former mayor is not someone without sophistication, Fowler noted. 㽶ƵֱOf course he was, he was running the city.㽶Ƶֱ
McCallum used the word 㽶Ƶֱpin㽶Ƶֱ more than 11 times, Fowler said. He argued that McCallum had made false statements to police that 㽶Ƶֱclearly were designed to intentionally mislead them, purposefully causing someone to be suspected of having committed offences they did not commit.㽶Ƶֱ
㽶ƵֱHe said she had pinned him,㽶Ƶֱ Fowler told the court. 㽶ƵֱThat simply did not happen.㽶Ƶֱ
Fowler said McCallum㽶Ƶֱs statements to police weren㽶Ƶֱt 㽶Ƶֱsimply reckless hyperbole. In other words, they weren㽶Ƶֱt statements that were made in the heat of the moment, with no time to quietly reflect on what had just happened.
㽶ƵֱA review of the CCTV video footage clearly shows that Ms. Johnstone had not committed any of the offences suggested by Mr. McCallum㽶Ƶֱs statement.㽶Ƶֱ
Fowler told Judge Reginald Harris that what he needs to decide is if McCallum㽶Ƶֱs 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.
㽶ƵֱIf in fact Mr. McCallum㽶Ƶֱs 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,㽶Ƶֱ Fowler said. 㽶ƵֱThe 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.㽶Ƶֱ
Before that, defence lawyer Eric Gottardi told Harris that the 㽶Ƶֱprimary reason the Crown㽶Ƶֱs case has failed is in fact his foot was run over,㽶Ƶֱ and that it is 㽶Ƶֱpreposterous㽶Ƶֱ to suggest there was an attempt at public mischief on McCallum㽶Ƶֱs part. He asked for an acquittal.
㽶ƵֱThe Crown cannot prove that the accused communicated false information to a peace officer,㽶Ƶֱ Gottardi argued.
McCallum㽶Ƶֱs 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 mayor㽶Ƶֱs 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㽶Ƶֱs mayor. Brenda Locke, of Surrey Connect, defeated him for the mayor㽶Ƶֱs 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 she㽶Ƶֱs instructed city staff to that end, 㽶Ƶֱand that they are to seek outside legal for an opinion regarding the city㽶Ƶֱs obligation.㽶Ƶֱ
The trial continues.
tom.zytaruk@surreynowleader.com
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