Former Surrey mayor Doug McCallum has been found not guilty of public mischief.

Judge Reginald Harris rendered his Monday in courtroom 101, Surrey provincial court91裸聊视频檚 largest courtroom.

91裸聊视频淚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,91裸聊视频� Harris reasoned. 91裸聊视频淟ogically, he would not have suggested to police to try and get a video of the event if he was intentionally misleading.91裸聊视频�

91裸聊视频淭he presumption of innocence confirms our faith in humankind,91裸聊视频� Harris noted. To convict on 91裸聊视频渟uspicion,91裸聊视频� he added, 91裸聊视频渨ould be wrong.91裸聊视频�

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."

91裸聊视频� Tom Zytaruk (@tomzytaruk)

Following the verdict, McCallum read out a short statement, at the courthouse entrance, in which he understandably said he91裸聊视频檚 91裸聊视频減leased with the decision,91裸聊视频� thanked his legal team for 91裸聊视频渢heir tremendous efforts in this case,91裸聊视频� and gave a 91裸聊视频渟pecial thanks91裸聊视频� to his family for their support and understanding. 91裸聊视频淚 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.91裸聊视频�

He did not take questions.

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

McCallum91裸聊视频檚 four-lawyer defence team was led by Richard Peck, K.C., opposite Special Prosecutor Richard Fowler.

After a 13-year break from the mayor91裸聊视频檚 chair, which he occupied from 1996 to 2005, McCallum was sworn in by a judge on Nov. 5, 2018 for his fourth term as Surrey91裸聊视频檚 mayor. Brenda Locke, of Surrey Connect, defeated him for the mayor91裸聊视频檚 seat in the Oct. 15 election by 973 votes.

One of Locke91裸聊视频檚 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 she91裸聊视频檚 instructed city staff to that end, 91裸聊视频渁nd that they are to seek outside legal for an opinion regarding the city91裸聊视频檚 obligation.91裸聊视频�

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 91裸聊视频渁bsolutely91裸聊视频� thinks this case damaged McCallum91裸聊视频檚 prospects of being re-elected.

91裸聊视频淢ost of the residents in Surrey are law-abiding citizens. We don91裸聊视频檛 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 91裸聊视频� but wrong. We were wrong. Even I second-guessed it.91裸聊视频�

She thinks the charge was 91裸聊视频渙ne of the reasons91裸聊视频� that cost him the election. 91裸聊视频淚 think that paints a bad picture.91裸聊视频�

Former Surrey councillor reacts to Doug McCallum not guilty verdict

91裸聊视频� 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 91裸聊视频渧ery dangerous91裸聊视频� manner. 91裸聊视频淚 really on this one want to go after her,91裸聊视频� McCallum told police.

Fowler said 91裸聊视频渢he question will be91裸聊视频� if McCallum intended to mislead police into believing she had done something illegal 91裸聊视频渂y making false statements to the police with the intention to cause Ms. Johnstone to be suspected of having committed an offence.91裸聊视频�

91裸聊视频淗e said she had pinned him,91裸聊视频� Fowler told the court. 91裸聊视频淭hat simply did not happen.91裸聊视频�

The court reviewed CCTV footage from the grocery store91裸聊视频檚 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. 91裸聊视频淚t became unpleasantries between the two of us, back and forth,91裸聊视频� Johnstone testified. 91裸聊视频淚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.91裸聊视频�

Johnstone said she didn91裸聊视频檛 hear, feel or see anything unexpected and doesn91裸聊视频檛 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.

91裸聊视频淎 review of the CCTV video footage clearly shows that Ms. Johnstone had not committed any of the offences suggested by Mr. McCallum91裸聊视频檚 statement,91裸聊视频� Fowler argued before the court.

Defence lawyer Eric Gottardi said in final submissions it is 91裸聊视频減reposterous91裸聊视频� to suggest there was an attempt at public mischief on McCallum91裸聊视频檚 part, and asked for an acquittal.

91裸聊视频淭he Crown cannot prove that the accused communicated false information to a peace officer,91裸聊视频� Gottardi argued. He said it wasn91裸聊视频檛 McCallum91裸聊视频檚 intent to waste police officers91裸聊视频� time or 91裸聊视频渢o get revenge91裸聊视频� 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 91裸聊视频渢here91裸聊视频檚 nothing to suggest that Johnstone91裸聊视频檚 speed was different from the other vehicles in the lot.91裸聊视频� 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 91裸聊视频渆merge and intensity as the adrenaline begins to wane.91裸聊视频�

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

91裸聊视频淒espite the coincidence of their simultaneous presence, I find their interaction resulted in Ms. Johnstone91裸聊视频檚 deliberate and targeted acts,91裸聊视频� he said. 91裸聊视频淎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.91裸聊视频�

As for McCallum91裸聊视频檚 claim he was pinned, Harris noted that 91裸聊视频渢he courts have recognized the common sense understanding that the distortion of memory can occur during stressful or traumatic events.91裸聊视频�

91裸聊视频淚 am satisfied beyond a reasonable doubt that Ms. Johnstone ran over his foot.91裸聊视频�

Johnstone said she91裸聊视频檚 91裸聊视频渄isappointed91裸聊视频� with the decision. 91裸聊视频淚 remain adamant that I did not run over Mr. McCallum91裸聊视频檚 foot with my car.91裸聊视频�

tom.zytaruk@surreynowleader.com
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