Doug McCallum含羞草研究社檚 defence began its case Wednesday morning (Nov. 2) in Surrey provincial court with a declaration that Crown含羞草研究社檚 evidence falls 含羞草研究社渕arkedly short含羞草研究社� of the criminal standard of proof for a public mischief charge.

Lawyer Eric Gottardi said evidence tendered by the defence will show McCallum含羞草研究社檚 foot was 含羞草研究社渋n fact含羞草研究社� run over by Deborah Johnstone含羞草研究社檚 tire on Sept. 4, 2021.

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. He is accused of misleading police.

The first of two expert witnesses the defence called Wednesday was Dennis Chimich, a biomechanical engineer and expert in injury causation.

Chimich told the court Johnstone含羞草研究社檚 Mustang was moving slowly through the parking lot and he determined there was a mass of 413 kilograms over her right rear wheel. He submitted a report on the matter on Oct. 17, 2022, the court heard.

Chimich testified the vehicle 含羞草研究社渞olled over含羞草研究社� his foot while McCallum was 含羞草研究社渞elatively含羞草研究社� standing still and that feet can be run over by vehicle tires resulting in no fractures.

含羞草研究社淏one injuries are not to be expected at low speed,含羞草研究社� he said. The absense of fractures in McCallum含羞草研究社檚 case 含羞草研究社渄oes not mean that his foot was not run over.含羞草研究社�

He brought out a skeleton foot model in court as a visual aid.

They discussed a journal called 含羞草研究社淔oot and Ankle International,含羞草研究社� which drew some chuckles from the gallery.

During cross examination, Chimich told special prosecutor Richard Fowler that he did not calculate horizontal acceleration but 含羞草研究社渦sed mass as my guide含羞草研究社� for vertical force. He did not know the state of the tire含羞草研究社檚 inflation, he said. Nor did he examine McCallum含羞草研究社檚 footware.

含羞草研究社淚 did see pictures of the shoes, I did not physically examine them,含羞草研究社� Chimich told the court.

Fowler asked him what minimal force is required to cause visible injuries on a foot inside a sock and shoe.

含羞草研究社淚 don含羞草研究社檛 know,含羞草研究社� Chimich replied.

The defence含羞草研究社檚 next expert witness, Bradley Heinrichs, is 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含羞草研究社檚 arm 含羞草研究社渏erk back含羞草研究社� 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含羞草研究社檚 gait after the incident.

含羞草研究社淚 couldn含羞草研究社檛 tell,含羞草研究社� 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含羞草研究社檚 left foot but found 含羞草研究社渕oderate含羞草研究社� soft-tissue swelling on the outside of the foot 含羞草研究社渢oward the small toe.含羞草研究社�

During cross-examination, Basseri told Fowler he never physically observed McCallum含羞草研究社檚 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 or earlier.

含羞草研究社淭hat含羞草研究社檚 correct,含羞草研究社� he told the court.

The trial continues on Tuesday, Nov. 8.

tom.zytaruk@surreynowleader.com
Like us on Follow us on   and follow Tom on