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含羞草研究社檚 largest courtroom.

含羞草研究社淚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,含羞草研究社� Harris reasoned. 含羞草研究社淟ogically, he would not have suggested to police to try and get a video of the event if he was intentionally misleading.含羞草研究社�

含羞草研究社淭he presumption of innocence confirms our faith in humankind,含羞草研究社� Harris noted. To convict on 含羞草研究社渟uspicion,含羞草研究社� he added, 含羞草研究社渨ould be wrong.含羞草研究社�

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."

含羞草研究社� Tom Zytaruk (@tomzytaruk)

Following the verdict, McCallum read out a short statement, at the courthouse entrance, in which he understandably said he含羞草研究社檚 含羞草研究社減leased with the decision,含羞草研究社� thanked his legal team for 含羞草研究社渢heir tremendous efforts in this case,含羞草研究社� and gave a 含羞草研究社渟pecial thanks含羞草研究社� to his family for their support and understanding. 含羞草研究社淚 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.含羞草研究社�

He did not take questions.

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

McCallum含羞草研究社檚 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.

One of Locke含羞草研究社檚 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含羞草研究社檚 instructed city staff to that end, 含羞草研究社渁nd that they are to seek outside legal for an opinion regarding the city含羞草研究社檚 obligation.含羞草研究社�

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 含羞草研究社渁bsolutely含羞草研究社� thinks this case damaged McCallum含羞草研究社檚 prospects of being re-elected.

含羞草研究社淢ost of the residents in Surrey are law-abiding citizens. We don含羞草研究社檛 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 含羞草研究社� but wrong. We were wrong. Even I second-guessed it.含羞草研究社�

She thinks the charge was 含羞草研究社渙ne of the reasons含羞草研究社� that cost him the election. 含羞草研究社淚 think that paints a bad picture.含羞草研究社�

Former Surrey councillor reacts to Doug McCallum not guilty verdict

含羞草研究社� 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 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.

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�

含羞草研究社淗e said she had pinned him,含羞草研究社� Fowler told the court. 含羞草研究社淭hat simply did not happen.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�

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.

含羞草研究社淎 review of the CCTV video footage clearly shows that Ms. Johnstone had not committed any of the offences suggested by Mr. McCallum含羞草研究社檚 statement,含羞草研究社� Fowler argued before the court.

Defence lawyer Eric Gottardi said in final submissions it is 含羞草研究社減reposterous含羞草研究社� to suggest there was an attempt at public mischief on McCallum含羞草研究社檚 part, and asked for an acquittal.

含羞草研究社淭he Crown cannot prove that the accused communicated false information to a peace officer,含羞草研究社� Gottardi argued. He said it wasn含羞草研究社檛 McCallum含羞草研究社檚 intent to waste police officers含羞草研究社� time or 含羞草研究社渢o get revenge含羞草研究社� 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 含羞草研究社渢here含羞草研究社檚 nothing to suggest that Johnstone含羞草研究社檚 speed was different from the other vehicles in the lot.含羞草研究社� 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 含羞草研究社渆merge and intensity as the adrenaline begins to wane.含羞草研究社�

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

含羞草研究社淒espite the coincidence of their simultaneous presence, I find their interaction resulted in Ms. Johnstone含羞草研究社檚 deliberate and targeted acts,含羞草研究社� he said. 含羞草研究社淎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.含羞草研究社�

As for McCallum含羞草研究社檚 claim he was pinned, Harris noted that 含羞草研究社渢he courts have recognized the common sense understanding that the distortion of memory can occur during stressful or traumatic events.含羞草研究社�

含羞草研究社淚 am satisfied beyond a reasonable doubt that Ms. Johnstone ran over his foot.含羞草研究社�

Johnstone said she含羞草研究社檚 含羞草研究社渄isappointed含羞草研究社� with the decision. 含羞草研究社淚 remain adamant that I did not run over Mr. McCallum含羞草研究社檚 foot with my car.含羞草研究社�

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