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香蕉视频直播檚 largest courtroom.

香蕉视频直播淚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,香蕉视频直播� Harris reasoned. 香蕉视频直播淟ogically, he would not have suggested to police to try and get a video of the event if he was intentionally misleading.香蕉视频直播�

香蕉视频直播淭he presumption of innocence confirms our faith in humankind,香蕉视频直播� Harris noted. To convict on 香蕉视频直播渟uspicion,香蕉视频直播� he added, 香蕉视频直播渨ould be wrong.香蕉视频直播�

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."

香蕉视频直播� Tom Zytaruk (@tomzytaruk)

Following the verdict, McCallum read out a short statement, at the courthouse entrance, in which he understandably said he香蕉视频直播檚 香蕉视频直播減leased with the decision,香蕉视频直播� thanked his legal team for 香蕉视频直播渢heir tremendous efforts in this case,香蕉视频直播� and gave a 香蕉视频直播渟pecial thanks香蕉视频直播� to his family for their support and understanding. 香蕉视频直播淚 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.香蕉视频直播�

He did not take questions.

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

McCallum香蕉视频直播檚 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.

One of Locke香蕉视频直播檚 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香蕉视频直播檚 instructed city staff to that end, 香蕉视频直播渁nd that they are to seek outside legal for an opinion regarding the city香蕉视频直播檚 obligation.香蕉视频直播�

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 香蕉视频直播渁bsolutely香蕉视频直播� thinks this case damaged McCallum香蕉视频直播檚 prospects of being re-elected.

香蕉视频直播淢ost of the residents in Surrey are law-abiding citizens. We don香蕉视频直播檛 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 香蕉视频直播� but wrong. We were wrong. Even I second-guessed it.香蕉视频直播�

She thinks the charge was 香蕉视频直播渙ne of the reasons香蕉视频直播� that cost him the election. 香蕉视频直播淚 think that paints a bad picture.香蕉视频直播�

Former Surrey councillor reacts to Doug McCallum not guilty verdict

香蕉视频直播� 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 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.

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�

香蕉视频直播淗e said she had pinned him,香蕉视频直播� Fowler told the court. 香蕉视频直播淭hat simply did not happen.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�

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.

香蕉视频直播淎 review of the CCTV video footage clearly shows that Ms. Johnstone had not committed any of the offences suggested by Mr. McCallum香蕉视频直播檚 statement,香蕉视频直播� Fowler argued before the court.

Defence lawyer Eric Gottardi said in final submissions it is 香蕉视频直播減reposterous香蕉视频直播� to suggest there was an attempt at public mischief on McCallum香蕉视频直播檚 part, and asked for an acquittal.

香蕉视频直播淭he Crown cannot prove that the accused communicated false information to a peace officer,香蕉视频直播� Gottardi argued. He said it wasn香蕉视频直播檛 McCallum香蕉视频直播檚 intent to waste police officers香蕉视频直播� time or 香蕉视频直播渢o get revenge香蕉视频直播� 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 香蕉视频直播渢here香蕉视频直播檚 nothing to suggest that Johnstone香蕉视频直播檚 speed was different from the other vehicles in the lot.香蕉视频直播� 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 香蕉视频直播渆merge and intensity as the adrenaline begins to wane.香蕉视频直播�

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

香蕉视频直播淒espite the coincidence of their simultaneous presence, I find their interaction resulted in Ms. Johnstone香蕉视频直播檚 deliberate and targeted acts,香蕉视频直播� he said. 香蕉视频直播淎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.香蕉视频直播�

As for McCallum香蕉视频直播檚 claim he was pinned, Harris noted that 香蕉视频直播渢he courts have recognized the common sense understanding that the distortion of memory can occur during stressful or traumatic events.香蕉视频直播�

香蕉视频直播淚 am satisfied beyond a reasonable doubt that Ms. Johnstone ran over his foot.香蕉视频直播�

Johnstone said she香蕉视频直播檚 香蕉视频直播渄isappointed香蕉视频直播� with the decision. 香蕉视频直播淚 remain adamant that I did not run over Mr. McCallum香蕉视频直播檚 foot with my car.香蕉视频直播�

tom.zytaruk@surreynowleader.com
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