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Defence presenting case in Doug McCallum91裸聊视频檚 public mischief trial in Surrey

Lawyer Eric Gottardi said evidence tendered by the defence will show McCallum91裸聊视频檚 foot was 91裸聊视频榠n fact91裸聊视频 run over by Deborah Johnstone91裸聊视频檚 tire on Sept. 4, 2021
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Doug McCallum going through security at Surrey provincial court in Surrey. (Photo: Anna Burns)

Doug McCallum91裸聊视频檚 defence began its case Wednesday morning (Nov. 2) in Surrey provincial court with a declaration that Crown91裸聊视频檚 evidence falls 91裸聊视频渕arkedly short91裸聊视频 of the criminal standard of proof for a public mischief charge.

Lawyer Eric Gottardi said evidence tendered by the defence will show McCallum91裸聊视频檚 foot was 91裸聊视频渋n fact91裸聊视频 run over by Deborah Johnstone91裸聊视频檚 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 Johnstone91裸聊视频檚 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 91裸聊视频渞olled over91裸聊视频 his foot while McCallum was 91裸聊视频渞elatively91裸聊视频 standing still and that feet can be run over by vehicle tires resulting in no fractures.

91裸聊视频淏one injuries are not to be expected at low speed,91裸聊视频 he said. The absense of fractures in McCallum91裸聊视频檚 case 91裸聊视频渄oes not mean that his foot was not run over.91裸聊视频

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

They discussed a journal called 91裸聊视频淔oot and Ankle International,91裸聊视频 which drew some chuckles from the gallery.

During cross examination, Chimich told special prosecutor Richard Fowler that he did not calculate horizontal acceleration but 91裸聊视频渦sed mass as my guide91裸聊视频 for vertical force. He did not know the state of the tire91裸聊视频檚 inflation, he said. Nor did he examine McCallum91裸聊视频檚 footware.

91裸聊视频淚 did see pictures of the shoes, I did not physically examine them,91裸聊视频 Chimich told the court.

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

91裸聊视频淚 don91裸聊视频檛 know,91裸聊视频 Chimich replied.

The defence91裸聊视频檚 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 McCallum91裸聊视频檚 arm 91裸聊视频渏erk back91裸聊视频 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 McCallum91裸聊视频檚 gait after the incident.

91裸聊视频淚 couldn91裸聊视频檛 tell,91裸聊视频 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 McCallum91裸聊视频檚 left foot but found 91裸聊视频渕oderate91裸聊视频 soft-tissue swelling on the outside of the foot 91裸聊视频渢oward the small toe.91裸聊视频

During cross-examination, Basseri told Fowler he never physically observed McCallum91裸聊视频檚 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.

91裸聊视频淭hat91裸聊视频檚 correct,91裸聊视频 he told the court.

The trial continues on Tuesday, Nov. 8.



tom.zytaruk@surreynowleader.com

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About the Author: Tom Zytaruk

I write unvarnished opinion columns and unbiased news reports for the Surrey Now-Leader.
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