Former Surrey mayor Doug McCallum含羞草研究社檚 defence lawyer Richard Peck characterized his client as a victim of 含羞草研究社渁nimosity arising from a culture of meanness含羞草研究社� and 含羞草研究社渢oxic fanaticism含羞草研究社� in his final submissions Tuesday afternoon in McCallum含羞草研究社檚 public mischief trial.
含羞草研究社淲hen repeated it amounts to criminal harassment, and repeated it was,含羞草研究社� Peck told Judge Reginald Harris, who is presiding over the trial in courtroom 101, Surrey provincial court含羞草研究社檚 largest courtroom.
含羞草研究社淪he despised McCallum,含羞草研究社� Peck said of Deborah Johnstone, whom the mayor accuses of running over his foot with her car.
Peck said McCallum 含羞草研究社� a 含羞草研究社渄edicated public servant含羞草研究社� who as mayor 含羞草研究社渨eathered a fair share of criticism含羞草研究社� from a 含羞草研究社渟mall subset含羞草研究社� of the population 含羞草研究社� was taking a break from the 含羞草研究社渉urly burly含羞草研究社� of public life to do some grocery shopping on Sept. 4, 2021 when the event resulting in his criminal charge occurred.
含羞草研究社淔or her, it含羞草研究社檚 an opportunity,含羞草研究社� he told the judge. Peck called Johnstone含羞草研究社檚 driving the 含羞草研究社渆pitome of reckless.
含羞草研究社淚n the process his foot was run over,含羞草研究社� he said. Once Johnstone saw McCallum in the parking lot, Peck submitted, 含羞草研究社渟he targeted and stalked him. She drove her car stealthily.含羞草研究社�
McCallum含羞草研究社檚 confusion in perception was not surprising given the circumstances, Peck argued.
含羞草研究社淗e was startled,含羞草研究社� the defence lawyer said. 含羞草研究社淣aturally there was upset, confusion and distortion of memory.含羞草研究社�
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 含羞草研究社� the woman McCallum claims drove over his foot 含羞草研究社� involved Johnstone yelling and swearing at them during an event.
含羞草研究社淭he mayor didn含羞草研究社檛 react to it. We just thought that was odd behaviour.含羞草研究社�
Guerra was part of McCallum含羞草研究社檚 team on council for four years before her election defeat on Oct. 15. 含羞草研究社淯p until yesterday I was a councillor.含羞草研究社�
She testified that during a council meeting Johnstone was making 含羞草研究社渂izarre含羞草研究社� facial expressions 含羞草研究社� 含羞草研究社渒ind of goofy looking.含羞草研究社�
含羞草研究社淒ebi Johnstone told me to go F myself.含羞草研究社�
含羞草研究社淚t was a shocking display that we never experienced before,含羞草研究社� 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. 含羞草研究社淚n my opinion the line has been crossed,含羞草研究社� Guerra said, adding she felt 含羞草研究社渢errified.
含羞草研究社淚 didn含羞草研究社檛 sign up for that. It含羞草研究社檚 disgraceful.含羞草研究社�
With that, the defence closed its case.
McCallum含羞草研究社檚 first defence witness Tuesday, orthopedic surgeon Dr. Kevin Wing, testified before a packed courtroom that the former Surrey mayor含羞草研究社檚 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.
含羞草研究社淭he foot is complex,含羞草研究社� Wing said, noting it has 26 bones. He teaches at UBC, specializes in foot and ankle injuries and practices at St. Paul含羞草研究社檚 Hospital.
Defence lawyer Eric Gottardi asked what role adrenaline plays in recognizing whether you are injured or not. Wing replied it含羞草研究社檚 含羞草研究社渨ell recognized含羞草研究社� 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含羞草研究社檚 can arise from 含羞草研究社渟udden stimuli,含羞草研究社� such as reacting to a car going by, through pivoting or shifting weight.
含羞草研究社淭he answer is yes,含羞草研究社� the doctor replied.
含羞草研究社淪omething happened in conjunction with this brief interaction with this vehicle.含羞草研究社�
During cross-examination, Special prosecutor Richard Fowler noted McCallum claimed his leg and foot was run over and asked Wing if McCallum含羞草研究社檚 medical record contained anything about his leg.
Wing told the court McCallum underwent a 含羞草研究社渇oot-slash-ankle exam.含羞草研究社� Asked if swelling can be caused by aging or high blood pressure, Fowler testified a history of hypertension wouldn含羞草研究社檛 含羞草研究社渢rigger含羞草研究社� him to expect to see swelling in the foot.
Fowler asked if there was anything in McCallum含羞草研究社檚 medical record indicating inconsistency between his left foot and right foot.
含羞草研究社淐orrect,含羞草研究社� Wing replied. He said if the left foot was the source of the complaint he wouldn含羞草研究社檛 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 含羞草研究社渧ery dangerous含羞草研究社� manner. 含羞草研究社淚 really on this one want to go after her,含羞草研究社� McCallum told police.
Special prosecutor Richard Fowler said 含羞草研究社渢he question will be含羞草研究社� if McCallum intended to mislead police into believing she had done something illegal 含羞草研究社渂y making false statements to the police with the intention to cause Ms. Johnstone to be suspected of having committed an offence.含羞草研究社�
The court reviewed CCTV footage from the grocery store含羞草研究社檚 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. 含羞草研究社淚t became unpleasantries between the two of us, back and forth,含羞草研究社� Johnstone testified. 含羞草研究社淚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.
含羞草研究社淚 swore at him,含羞草研究社� she testified. 含羞草研究社淚 made a reference to him having a scaly face. I called him a scaly-faced motherf含羞草研究社�-er.含羞草研究社�
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含羞草研究社檛 hear, feel or see anything unexpected and doesn含羞草研究社檛 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含羞草研究社檚 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含羞草研究社檚 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含羞草研究社檚 mayor. Brenda Locke, of Surrey Connect, defeated him for the mayor含羞草研究社檚 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 含羞草研究社渢o seek outside legal for an opinion regarding the city含羞草研究社檚 obligation.含羞草研究社�
Meantime, the court heard last week the Surrey RCMP had a seven-member team investigating McCallum含羞草研究社檚 complaint.
含羞草研究社淧retty extraordinary isn含羞草研究社檛 it?含羞草研究社� defence lawyer Richard Peck, K.C., asked Crown witness Sgt. Andre Johnny, the prime investigator, to which the officer replied, 含羞草研究社淣o.含羞草研究社� Johnny told the court he couldn含羞草研究社檛 conclusively say whether McCallum含羞草研究社檚 foot had been run over.
McCallum含羞草研究社檚 911 call reporting the alleged hit-and-run was played in court, with him telling the dispatcher Johnstone 含羞草研究社渏ust about hit me, actually含羞草研究社� and 含羞草研究社渟he ran over my leg and foot.含羞草研究社�
含羞草研究社淪he含羞草研究社檚 harassed me before,含羞草研究社� McCallum told the dispatcher. 含羞草研究社淪he called me a piece of shit.含羞草研究社�
Asked if he needed an ambulance, McCallum told the dispatcher he could drive with his right foot to hospital but his left foot was 含羞草研究社渧ery numb.含羞草研究社� McCallum later told the Surrey RCMP during a 58-minute interview at the station that 含羞草研究社渟he just floored it. I thought she was going to peel rubber.含羞草研究社�
含羞草研究社淚t looked like she just purposely wanted to clip me,含羞草研究社� 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含羞草研究社檚 defence began its case with a declaration that the evidence presented by the Crown falls 含羞草研究社渕arkedly short含羞草研究社� 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含羞草研究社檚 right rear wheel, that the vehicle 含羞草研究社渞olled over含羞草研究社� McCallum含羞草研究社檚 foot as he was 含羞草研究社渞elatively含羞草研究社� standing still, and that feet can be run over 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 absence 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 also 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 Fowler he didn含羞草研究社檛 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 physically examine McCallum含羞草研究社檚 shoes but saw photos. Fowler asked him what minimal force is required to cause visible injuries on a foot inside a sock and shoe. 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 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 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 Sept. 4 or earlier.
tom.zytaruk@surreynowleader.com
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