Outgoing Surrey mayor Doug McCallum㽶Ƶֱs seven-day trial on a charge of public mischief began Monday morning (Oct. 31) in Surrey provincial court with a plea of not guilty.
Doug McCallum arrives at court in today to begin his 7-day trial. Story here:
㽶Ƶֱ Surrey Now-Leader (@SurreyNowLeader)
McCallum㽶Ƶֱs charge stems from an encounter on Sept. 4, 2021 between himself and a group of volunteers who were gathering petition signatures outside the South Point Save-On-Foods store in South Surrey for a referendum on the policing transition.
Special prosecutor Richard Fowler told Judge Reginald Harris on Monday that McCallum told police Surrey-resident Deborah Johnstone ran over his leg and foot with a Mustang two-door convertible and drove off in a 㽶Ƶֱvery dangerous㽶Ƶֱ manner.
The prosecutor told the court McCallum walked away and later that day told police Johnstone 㽶Ƶֱjust about㽶Ƶֱ pinned him to his car and as she pulled away 㽶Ƶֱshe actually floored it㽶Ƶֱ and purposefully turned toward him and ran over his foot. 㽶ƵֱI really on this one want to go after her,㽶Ƶֱ Fowler said McCallum told police.
Fowler said 㽶Ƶֱthe question will be㽶Ƶֱ if McCallum intended to mislead police into believing she had done something illegal 㽶Ƶֱby making false statements to the police with the intention to cause Ms. Johnstone to be suspected of having committed an offence.㽶Ƶֱ
The court reviewed CCTV footage from the grocery store㽶Ƶֱs 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.
㽶ƵֱI said 㽶ƵֱResign, McCallum㽶Ƶֱ when she first saw him at the scene, Johnstone told the court. She said the roof was down on her car, which she was sitting in. It was parked, she said, and indicated she was roughly 15 feet away from him.
She said McCallum walked in front of her car and over to her passenger side and asked her, 㽶ƵֱWhat did you say, madam?㽶Ƶֱ to which she again told him to resign.
㽶ƵֱIt became unpleasantries between the two of us, back and forth,㽶Ƶֱ Johnstone said. 㽶ƵֱIt 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.
㽶ƵֱI swore at him,㽶Ƶֱ she testified. 㽶ƵֱI made a reference to him having a scaly face. I called him a scaly-faced motherf㽶Ƶֱ-er.㽶Ƶֱ
She said McCallum was saying things back.
㽶ƵֱHe told me I was a loud mouth, and something to the effect that I was no good for Surrey,㽶Ƶֱ she said. 㽶ƵֱHe told me I wasn㽶Ƶֱt allowed to be there.㽶Ƶֱ
Johnstone said the exchange lasted about a minute. McCallum had spit at the side of his mouth, she said.
㽶ƵֱHe was angry.㽶Ƶֱ
She told the court McCallum threatened to call Bylaws on her and she replied for him to fill his boots, she㽶Ƶֱd call the RCMP.
㽶ƵֱAs I drove away I yelled, 㽶ƵֱYou㽶Ƶֱre evil.㽶Ƶֱ㽶Ƶֱ
Johnstone told the court that she drove away slowly because she was in a parking lot. She said her intent was to find parking.
She didn㽶Ƶֱt hear, feel or see anything unexpected, she said, and doesn㽶Ƶֱt recall McCallum saying anything to her as she drove off.
Johnstone testified that later that afternoon she received a call from police asking her to come to the station 㽶Ƶֱas there had been an incident.
㽶ƵֱI went of my own free will,㽶Ƶֱ she said.
When she got to the station, she said, she spoke with an officer.
㽶ƵֱHe told me I was being investigated for assault with a weapon and criminal harassment.㽶Ƶֱ
McCallum sat with his lawyers and momentarily twiddled his thumbs while listening to Johnstone㽶Ƶֱs testimony as roughly two dozen people, six of them reporters, listened from the gallery.
In cross examination Monday, Peck asked Johnstone about her saying, 㽶ƵֱHoly crap, it㽶Ƶֱs McCallum㽶Ƶֱ and that it was her 㽶Ƶֱlucky day.㽶Ƶֱ
He asked her why it was her 㽶Ƶֱlucky day?㽶Ƶֱ
She replied McCallum would typically put bylaw officers on the volunteers.
㽶ƵֱNow he㽶Ƶֱs going to have to confront all of us on his day off.㽶Ƶֱ
㽶ƵֱIt㽶Ƶֱs been a long four years,㽶Ƶֱ she said. 㽶ƵֱI have tried very hard just to be heard.㽶Ƶֱ
Peck suggested she uses 㽶Ƶֱvile㽶Ƶֱ language 㽶Ƶֱto intimidate and instill fear in people.㽶Ƶֱ
To this Johnstone responded, 㽶ƵֱI do it to let them know what they㽶Ƶֱre doing is not appropriate.㽶Ƶֱ
Peck asked her about an incident during which she went to McCallum㽶Ƶֱs home in Crescent Beach. 㽶ƵֱHe was not governing the city in a democratic way,㽶Ƶֱ she replied. She added she thought it a legitimate way to protest and that she was not on his property.
㽶ƵֱJust so you know, I voted for Mr. McCallum in 2018,㽶Ƶֱ she said.
㽶ƵֱMr. Peck, there have been many things that have gone wrong.㽶Ƶֱ
She told the court about her hanging out a sign during a provincial election when she saw someone in a black SUV with a gun.
㽶ƵֱI also reported the death threat that was sprayed on my garage.㽶Ƶֱ
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Peck said she had no rational basis to suggest McCallum was behind these acts.
㽶ƵֱI can㽶Ƶֱt say Mr. McCallum did it,㽶Ƶֱ Johnstone retorted, adding she assumed it was 㽶Ƶֱlousy supporters㽶Ƶֱ of his.
Peck asked Johnstone if it㽶Ƶֱs her habit to demean people with physical disabilities, referencing her comment about McCallum㽶Ƶֱs 㽶Ƶֱscaly㽶Ƶֱ face.
㽶ƵֱNo,㽶Ƶֱ she replied. 㽶ƵֱMr. McCallum has been very disrespectful to me.㽶Ƶֱ
The Crown is proceeding summarily in McCallum㽶Ƶֱs trial.
Criminal cases are prosecuted either by indictment, summarily or a hybrid of the two. Summary offences are the least serious of the three.
A person charged with an indictable offence is required to appear in court whereas someone accused of a summary offence does not, unless a judge says otherwise. 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 with 33,311 to McCallum㽶Ƶֱs 32,338. 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 Monday 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
It㽶Ƶֱs been a day of raw emotions. A man who had been in the courtroom was wrestled down and detained by sheriffs following a ruckus on an upper floor of the courthouse during the afternoon break.
The trial continues.
tom.zytaruk@surreynowleader.com
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