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鈥檚 largest courtroom.

鈥淚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,鈥� Harris reasoned. 鈥淟ogically, he would not have suggested to police to try and get a video of the event if he was intentionally misleading.鈥�

鈥淭he presumption of innocence confirms our faith in humankind,鈥� Harris noted. To convict on 鈥渟uspicion,鈥� he added, 鈥渨ould be wrong.鈥�

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."

鈥� Tom Zytaruk (@tomzytaruk)

Following the verdict, McCallum read out a short statement, at the courthouse entrance, in which he understandably said he鈥檚 鈥減leased with the decision,鈥� thanked his legal team for 鈥渢heir tremendous efforts in this case,鈥� and gave a 鈥渟pecial thanks鈥� to his family for their support and understanding. 鈥淚 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.鈥�

He did not take questions.

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

McCallum鈥檚 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.

One of Locke鈥檚 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�

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 鈥渁bsolutely鈥� thinks this case damaged McCallum鈥檚 prospects of being re-elected.

鈥淢ost of the residents in Surrey are law-abiding citizens. We don鈥檛 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 鈥� but wrong. We were wrong. Even I second-guessed it.鈥�

She thinks the charge was 鈥渙ne of the reasons鈥� that cost him the election. 鈥淚 think that paints a bad picture.鈥�

Former Surrey councillor reacts to Doug McCallum not guilty verdict

鈥� 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 鈥渧ery dangerous鈥� manner. 鈥淚 really on this one want to go after her,鈥� 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�

鈥淗e said she had pinned him,鈥� Fowler told the court. 鈥淭hat simply did not happen.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t became unpleasantries between the two of us, back and forth,鈥� Johnstone testified. 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�

Johnstone said she didn鈥檛 hear, feel or see anything unexpected and doesn鈥檛 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.

鈥淎 review of the CCTV video footage clearly shows that Ms. Johnstone had not committed any of the offences suggested by Mr. McCallum鈥檚 statement,鈥� Fowler argued before the court.

Defence lawyer Eric Gottardi said in final submissions it is 鈥減reposterous鈥� to suggest there was an attempt at public mischief on McCallum鈥檚 part, and asked for an acquittal.

鈥淭he Crown cannot prove that the accused communicated false information to a peace officer,鈥� Gottardi argued. He said it wasn鈥檛 McCallum鈥檚 intent to waste police officers鈥� time or 鈥渢o get revenge鈥� 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 鈥渢here鈥檚 nothing to suggest that Johnstone鈥檚 speed was different from the other vehicles in the lot.鈥� 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 鈥渆merge and intensity as the adrenaline begins to wane.鈥�

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

鈥淒espite the coincidence of their simultaneous presence, I find their interaction resulted in Ms. Johnstone鈥檚 deliberate and targeted acts,鈥� he said. 鈥淎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.鈥�

As for McCallum鈥檚 claim he was pinned, Harris noted that 鈥渢he courts have recognized the common sense understanding that the distortion of memory can occur during stressful or traumatic events.鈥�

鈥淚 am satisfied beyond a reasonable doubt that Ms. Johnstone ran over his foot.鈥�

Johnstone said she鈥檚 鈥渄isappointed鈥� with the decision. 鈥淚 remain adamant that I did not run over Mr. McCallum鈥檚 foot with my car.鈥�

tom.zytaruk@surreynowleader.com
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