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Surrey woman testifies about 91Ƶheated debate91Ƶ that led to mayor91Ƶs public mischief charge

Trial expected to last 7 days in Surrey provincial court

Outgoing Surrey mayor Doug McCallum91Ƶs seven-day trial on a charge of public mischief began Monday morning (Oct. 31) in Surrey provincial court with a plea of not guilty.

McCallum91Ƶs charge stems from an encounter on Sept. 4, 2021 between himself and a group of volunteers who were gathering petition signatures outside the South Point Save-On-Foods store in South Surrey for a referendum on the policing transition.

Special prosecutor Richard Fowler told Judge Reginald Harris on Monday that McCallum told police Surrey-resident Deborah Johnstone ran over his leg and foot with a Mustang two-door convertible and drove off in a 91Ƶvery dangerous91Ƶ manner.

The prosecutor told the court McCallum walked away and later that day told police Johnstone 91Ƶjust about91Ƶ pinned him to his car and as she pulled away 91Ƶshe actually floored it91Ƶ and purposefully turned toward him and ran over his foot. 91ƵI really on this one want to go after her,91Ƶ Fowler said McCallum told police.

Fowler said 91Ƶthe question will be91Ƶ if McCallum intended to mislead police into believing she had done something illegal 91Ƶby making false statements to the police with the intention to cause Ms. Johnstone to be suspected of having committed an offence.91Ƶ

The court reviewed CCTV footage from the grocery store91Ƶs 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.

91ƵI said 91ƵResign, McCallum91Ƶ when she first saw him at the scene, Johnstone told the court. She said the roof was down on her car, which she was sitting in. It was parked, she said, and indicated she was roughly 15 feet away from him.

She said McCallum walked in front of her car and over to her passenger side and asked her, 91ƵWhat did you say, madam?91Ƶ to which she again told him to resign.

91ƵIt became unpleasantries between the two of us, back and forth,91Ƶ Johnstone said. 91ƵIt 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.

91ƵI swore at him,91Ƶ she testified. 91ƵI made a reference to him having a scaly face. I called him a scaly-faced motherf91Ƶ-er.91Ƶ

She said McCallum was saying things back.

Surrey’s Deborah Johnstone outside Surrey court after testifying at Doug McCallum’s public mischief trial on Oct. 31, 2022. (Photo: Tom Zytaruk)
Surrey91Ƶs Deborah Johnstone outside Surrey court after testifying at Doug McCallum91Ƶs public mischief trial on Oct. 31, 2022. (Photo: Tom Zytaruk)

91ƵHe told me I was a loud mouth, and something to the effect that I was no good for Surrey,91Ƶ she said. 91ƵHe told me I wasn91Ƶt allowed to be there.91Ƶ

Johnstone said the exchange lasted about a minute. McCallum had spit at the side of his mouth, she said.

91ƵHe was angry.91Ƶ

She told the court McCallum threatened to call Bylaws on her and she replied for him to fill his boots, she91Ƶd call the RCMP.

91ƵAs I drove away I yelled, 91ƵYou91Ƶre evil.91Ƶ91Ƶ

Johnstone told the court that she drove away slowly because she was in a parking lot. She said her intent was to find parking.

She didn91Ƶt hear, feel or see anything unexpected, she said, and doesn91Ƶt recall McCallum saying anything to her as she drove off.

Johnstone testified that later that afternoon she received a call from police asking her to come to the station 91Ƶas there had been an incident.

91ƵI went of my own free will,91Ƶ she said.

When she got to the station, she said, she spoke with an officer.

91ƵHe told me I was being investigated for assault with a weapon and criminal harassment.91Ƶ

McCallum sat with his lawyers and momentarily twiddled his thumbs while listening to Johnstone91Ƶs testimony as roughly two dozen people, six of them reporters, listened from the gallery.

In cross examination Monday, Peck asked Johnstone about her saying, 91ƵHoly crap, it91Ƶs McCallum91Ƶ and that it was her 91Ƶlucky day.91Ƶ

He asked her why it was her 91Ƶlucky day?91Ƶ

She replied McCallum would typically put bylaw officers on the volunteers.

91ƵNow he91Ƶs going to have to confront all of us on his day off.91Ƶ

91ƵIt91Ƶs been a long four years,91Ƶ she said. 91ƵI have tried very hard just to be heard.91Ƶ

Peck suggested she uses 91Ƶvile91Ƶ language 91Ƶto intimidate and instill fear in people.91Ƶ

To this Johnstone responded, 91ƵI do it to let them know what they91Ƶre doing is not appropriate.91Ƶ

Peck asked her about an incident during which she went to McCallum91Ƶs home in Crescent Beach. 91ƵHe was not governing the city in a democratic way,91Ƶ she replied. She added she thought it a legitimate way to protest and that she was not on his property.

91ƵJust so you know, I voted for Mr. McCallum in 2018,91Ƶ she said.

91ƵMr. Peck, there have been many things that have gone wrong.91Ƶ

She told the court about her hanging out a sign during a provincial election when she saw someone in a black SUV with a gun.

91ƵI also reported the death threat that was sprayed on my garage.91Ƶ

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Peck said she had no rational basis to suggest McCallum was behind these acts.

91ƵI can91Ƶt say Mr. McCallum did it,91Ƶ Johnstone retorted, adding she assumed it was 91Ƶlousy supporters91Ƶ of his.

Peck asked Johnstone if it91Ƶs her habit to demean people with physical disabilities, referencing her comment about McCallum91Ƶs 91Ƶscaly91Ƶ face.

91ƵNo,91Ƶ she replied. 91ƵMr. McCallum has been very disrespectful to me.91Ƶ

The Crown is proceeding summarily in McCallum91Ƶs trial.

Criminal cases are prosecuted either by indictment, summarily or a hybrid of the two. Summary offences are the least serious of the three.

A person charged with an indictable offence is required to appear in court whereas someone accused of a summary offence does not, unless a judge says otherwise. 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 mayor91Ƶs chair, which he occupied from 1996 to 2005, McCallum was sworn in by a judge on Nov. 5, 2018 for his fourth term as Surrey91Ƶs mayor.

Brenda Locke, of Surrey Connect, defeated him for the mayor91Ƶs seat in the Oct. 15 election by 973 votes with 33,311 to McCallum91Ƶs 32,338. 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 said Monday she91Ƶs instructed city staff to that end, 91Ƶand that they are to seek outside legal for an opinion regarding the city91Ƶs obligation.91Ƶ

It91Ƶs been a day of raw emotions. A man who had been in the courtroom was wrestled down and detained by sheriffs following a ruckus on an upper floor of the courthouse during the afternoon break.

The trial continues.



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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