Former Surrey mayor Doug McCallum香蕉视频直播檚 defence lawyer Richard Peck characterized his client as a victim of 香蕉视频直播渁nimosity arising from a culture of meanness香蕉视频直播� and 香蕉视频直播渢oxic fanaticism香蕉视频直播� in his final submissions Tuesday afternoon in McCallum香蕉视频直播檚 public mischief trial.

香蕉视频直播淲hen repeated it amounts to criminal harassment, and repeated it was,香蕉视频直播� Peck told Judge Reginald Harris, who is presiding over the trial in courtroom 101, Surrey provincial court香蕉视频直播檚 largest courtroom.

香蕉视频直播淪he despised McCallum,香蕉视频直播� Peck said of Deborah Johnstone, whom the mayor accuses of running over his foot with her car.

Peck said McCallum 香蕉视频直播� a 香蕉视频直播渄edicated public servant香蕉视频直播� who as mayor 香蕉视频直播渨eathered a fair share of criticism香蕉视频直播� from a 香蕉视频直播渟mall subset香蕉视频直播� of the population 香蕉视频直播� was taking a break from the 香蕉视频直播渉urly burly香蕉视频直播� of public life to do some grocery shopping on Sept. 4, 2021 when the event resulting in his criminal charge occurred.

香蕉视频直播淔or her, it香蕉视频直播檚 an opportunity,香蕉视频直播� he told the judge. Peck called Johnstone香蕉视频直播檚 driving the 香蕉视频直播渆pitome of reckless.

香蕉视频直播淚n the process his foot was run over,香蕉视频直播� he said. Once Johnstone saw McCallum in the parking lot, Peck submitted, 香蕉视频直播渟he targeted and stalked him. She drove her car stealthily.香蕉视频直播�

McCallum香蕉视频直播檚 confusion in perception was not surprising given the circumstances, Peck argued.

香蕉视频直播淗e was startled,香蕉视频直播� the defence lawyer said. 香蕉视频直播淣aturally there was upset, confusion and distortion of memory.香蕉视频直播�

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 香蕉视频直播� the woman McCallum claims drove over his foot 香蕉视频直播� involved Johnstone yelling and swearing at them during an event.

香蕉视频直播淭he mayor didn香蕉视频直播檛 react to it. We just thought that was odd behaviour.香蕉视频直播�

Guerra was part of McCallum香蕉视频直播檚 team on council for four years before her election defeat on Oct. 15. 香蕉视频直播淯p until yesterday I was a councillor.香蕉视频直播�

She testified that during a council meeting Johnstone was making 香蕉视频直播渂izarre香蕉视频直播� facial expressions 香蕉视频直播� 香蕉视频直播渒ind of goofy looking.香蕉视频直播�

香蕉视频直播淒ebi Johnstone told me to go F myself.香蕉视频直播�

香蕉视频直播淚t was a shocking display that we never experienced before,香蕉视频直播� 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. 香蕉视频直播淚n my opinion the line has been crossed,香蕉视频直播� Guerra said, adding she felt 香蕉视频直播渢errified.

香蕉视频直播淚 didn香蕉视频直播檛 sign up for that. It香蕉视频直播檚 disgraceful.香蕉视频直播�

With that, the defence closed its case.

McCallum香蕉视频直播檚 first defence witness Tuesday, orthopedic surgeon Dr. Kevin Wing, testified before a packed courtroom that the former Surrey mayor香蕉视频直播檚 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.

香蕉视频直播淭he foot is complex,香蕉视频直播� Wing said, noting it has 26 bones. He teaches at UBC, specializes in foot and ankle injuries and practices at St. Paul香蕉视频直播檚 Hospital.

Defence lawyer Eric Gottardi asked what role adrenaline plays in recognizing whether you are injured or not. Wing replied it香蕉视频直播檚 香蕉视频直播渨ell recognized香蕉视频直播� 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香蕉视频直播檚 can arise from 香蕉视频直播渟udden stimuli,香蕉视频直播� such as reacting to a car going by, through pivoting or shifting weight.

香蕉视频直播淭he answer is yes,香蕉视频直播� the doctor replied.

香蕉视频直播淪omething happened in conjunction with this brief interaction with this vehicle.香蕉视频直播�

During cross-examination, Special prosecutor Richard Fowler noted McCallum claimed his leg and foot was run over and asked Wing if McCallum香蕉视频直播檚 medical record contained anything about his leg.

Wing told the court McCallum underwent a 香蕉视频直播渇oot-slash-ankle exam.香蕉视频直播� Asked if swelling can be caused by aging or high blood pressure, Fowler testified a history of hypertension wouldn香蕉视频直播檛 香蕉视频直播渢rigger香蕉视频直播� him to expect to see swelling in the foot.

Fowler asked if there was anything in McCallum香蕉视频直播檚 medical record indicating inconsistency between his left foot and right foot.

香蕉视频直播淐orrect,香蕉视频直播� Wing replied. He said if the left foot was the source of the complaint he wouldn香蕉视频直播檛 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 香蕉视频直播渧ery dangerous香蕉视频直播� manner. 香蕉视频直播淚 really on this one want to go after her,香蕉视频直播� McCallum told police.

Special prosecutor Richard Fowler said 香蕉视频直播渢he question will be香蕉视频直播� if McCallum intended to mislead police into believing she had done something illegal 香蕉视频直播渂y making false statements to the police with the intention to cause Ms. Johnstone to be suspected of having committed an offence.香蕉视频直播�

The court reviewed CCTV footage from the grocery store香蕉视频直播檚 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. 香蕉视频直播淚t became unpleasantries between the two of us, back and forth,香蕉视频直播� Johnstone testified. 香蕉视频直播淚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.

香蕉视频直播淚 swore at him,香蕉视频直播� she testified. 香蕉视频直播淚 made a reference to him having a scaly face. I called him a scaly-faced motherf香蕉视频直播�-er.香蕉视频直播�

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香蕉视频直播檛 hear, feel or see anything unexpected and doesn香蕉视频直播檛 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香蕉视频直播檚 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香蕉视频直播檚 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香蕉视频直播檚 mayor. Brenda Locke, of Surrey Connect, defeated him for the mayor香蕉视频直播檚 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 香蕉视频直播渢o seek outside legal for an opinion regarding the city香蕉视频直播檚 obligation.香蕉视频直播�

Meantime, the court heard last week the Surrey RCMP had a seven-member team investigating McCallum香蕉视频直播檚 complaint.

香蕉视频直播淧retty extraordinary isn香蕉视频直播檛 it?香蕉视频直播� defence lawyer Richard Peck, K.C., asked Crown witness Sgt. Andre Johnny, the prime investigator, to which the officer replied, 香蕉视频直播淣o.香蕉视频直播� Johnny told the court he couldn香蕉视频直播檛 conclusively say whether McCallum香蕉视频直播檚 foot had been run over.

McCallum香蕉视频直播檚 911 call reporting the alleged hit-and-run was played in court, with him telling the dispatcher Johnstone 香蕉视频直播渏ust about hit me, actually香蕉视频直播� and 香蕉视频直播渟he ran over my leg and foot.香蕉视频直播�

香蕉视频直播淪he香蕉视频直播檚 harassed me before,香蕉视频直播� McCallum told the dispatcher. 香蕉视频直播淪he called me a piece of shit.香蕉视频直播�

Asked if he needed an ambulance, McCallum told the dispatcher he could drive with his right foot to hospital but his left foot was 香蕉视频直播渧ery numb.香蕉视频直播� McCallum later told the Surrey RCMP during a 58-minute interview at the station that 香蕉视频直播渟he just floored it. I thought she was going to peel rubber.香蕉视频直播�

香蕉视频直播淚t looked like she just purposely wanted to clip me,香蕉视频直播� 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香蕉视频直播檚 defence began its case with a declaration that the evidence presented by the Crown falls 香蕉视频直播渕arkedly short香蕉视频直播� 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香蕉视频直播檚 right rear wheel, that the vehicle 香蕉视频直播渞olled over香蕉视频直播� McCallum香蕉视频直播檚 foot as he was 香蕉视频直播渞elatively香蕉视频直播� standing still, and that feet can be run over resulting in no fractures.

香蕉视频直播淏one injuries are not to be expected at low speed,香蕉视频直播� he said. The absence of fractures in McCallum香蕉视频直播檚 case 香蕉视频直播渄oes not mean that his foot was not run over.香蕉视频直播�

He brought out a skeleton foot model in court as a visual aid. They also discussed a journal called 香蕉视频直播淔oot and Ankle International,香蕉视频直播� which drew some chuckles from the gallery.

During cross examination, Chimich told Fowler he didn香蕉视频直播檛 calculate horizontal acceleration but 香蕉视频直播渦sed mass as my guide香蕉视频直播� for vertical force. He did not know the state of the tire香蕉视频直播檚 inflation, he said, nor did he physically examine McCallum香蕉视频直播檚 shoes but saw photos. Fowler asked him what minimal force is required to cause visible injuries on a foot inside a sock and shoe. 香蕉视频直播淚 don香蕉视频直播檛 know,香蕉视频直播� Chimich replied.

The defence香蕉视频直播檚 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香蕉视频直播檚 arm 香蕉视频直播渏erk back香蕉视频直播� 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香蕉视频直播檚 gait after the incident. 香蕉视频直播淚 couldn香蕉视频直播檛 tell,香蕉视频直播� 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香蕉视频直播檚 left foot but 香蕉视频直播渕oderate香蕉视频直播� soft-tissue swelling on the outside of the foot 香蕉视频直播渢oward the small toe.香蕉视频直播� During cross-examination, Basseri told Fowler he never physically observed McCallum香蕉视频直播檚 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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