Outgoing Surrey mayor Doug McCallum鈥檚 seven-day trial on a charge of public mischief began Monday morning (Oct. 31) in Surrey provincial court with a plea of not guilty.
Doug McCallum arrives at court in today to begin his 7-day trial. Story here:
鈥� Surrey Now-Leader (@SurreyNowLeader)
McCallum鈥檚 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 鈥渧ery dangerous鈥� manner.
The prosecutor told the court McCallum walked away and later that day told police Johnstone 鈥渏ust about鈥� pinned him to his car and as she pulled away 鈥渟he actually floored it鈥� and purposefully turned toward him and ran over his foot. 鈥淚 really on this one want to go after her,鈥� Fowler said McCallum told police.
Fowler said 鈥渢he question will be鈥� if McCallum intended to mislead police into believing she had done something illegal 鈥渂y making false statements to the police with the intention to cause Ms. Johnstone to be suspected of having committed an offence.鈥�
The court reviewed CCTV footage from the grocery store鈥檚 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.
鈥淚 said 鈥楻esign, McCallum鈥� 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, 鈥淲hat did you say, madam?鈥� to which she again told him to resign.
鈥淚t became unpleasantries between the two of us, back and forth,鈥� Johnstone said. 鈥淚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.
鈥淚 swore at him,鈥� she testified. 鈥淚 made a reference to him having a scaly face. I called him a scaly-faced motherf鈥�-er.鈥�
She said McCallum was saying things back.
鈥淗e told me I was a loud mouth, and something to the effect that I was no good for Surrey,鈥� she said. 鈥淗e told me I wasn鈥檛 allowed to be there.鈥�
Johnstone said the exchange lasted about a minute. McCallum had spit at the side of his mouth, she said.
鈥淗e was angry.鈥�
She told the court McCallum threatened to call Bylaws on her and she replied for him to fill his boots, she鈥檇 call the RCMP.
鈥淎s I drove away I yelled, 鈥榊ou鈥檙e evil.鈥欌��
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 didn鈥檛 hear, feel or see anything unexpected, she said, and doesn鈥檛 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 鈥渁s there had been an incident.
鈥淚 went of my own free will,鈥� she said.
When she got to the station, she said, she spoke with an officer.
鈥淗e told me I was being investigated for assault with a weapon and criminal harassment.鈥�
McCallum sat with his lawyers and momentarily twiddled his thumbs while listening to Johnstone鈥檚 testimony as roughly two dozen people, six of them reporters, listened from the gallery.
In cross examination Monday, Peck asked Johnstone about her saying, 鈥楬oly crap, it鈥檚 McCallum鈥� and that it was her 鈥渓ucky day.鈥�
He asked her why it was her 鈥渓ucky day?鈥�
She replied McCallum would typically put bylaw officers on the volunteers.
鈥淣ow he鈥檚 going to have to confront all of us on his day off.鈥�
鈥淚t鈥檚 been a long four years,鈥� she said. 鈥淚 have tried very hard just to be heard.鈥�
Peck suggested she uses 鈥渧ile鈥� language 鈥渢o intimidate and instill fear in people.鈥�
To this Johnstone responded, 鈥淚 do it to let them know what they鈥檙e doing is not appropriate.鈥�
Peck asked her about an incident during which she went to McCallum鈥檚 home in Crescent Beach. 鈥淗e was not governing the city in a democratic way,鈥� she replied. She added she thought it a legitimate way to protest and that she was not on his property.
鈥淛ust so you know, I voted for Mr. McCallum in 2018,鈥� she said.
鈥淢r. Peck, there have been many things that have gone wrong.鈥�
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.
鈥淚 also reported the death threat that was sprayed on my garage.鈥�
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Peck said she had no rational basis to suggest McCallum was behind these acts.
鈥淚 can鈥檛 say Mr. McCallum did it,鈥� Johnstone retorted, adding she assumed it was 鈥渓ousy supporters鈥� of his.
Peck asked Johnstone if it鈥檚 her habit to demean people with physical disabilities, referencing her comment about McCallum鈥檚 鈥渟caly鈥� face.
鈥淣o,鈥� she replied. 鈥淢r. McCallum has been very disrespectful to me.鈥�
The Crown is proceeding summarily in McCallum鈥檚 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 mayor鈥檚 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鈥檚 mayor.
Brenda Locke, of Surrey Connect, defeated him for the mayor鈥檚 seat in the Oct. 15 election by 973 votes with 33,311 to McCallum鈥檚 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 she鈥檚 instructed city staff to that end, 鈥渁nd that they are to seek outside legal for an opinion regarding the city鈥檚 obligation.鈥�
It鈥檚 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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