B.C. Provincial Court Judge Reg Harris found McCallum not guilty, ruling McCallum’s foot had, in fact, been run over, and that he had not intended to mislead police. The court document mentions him as “an experienced politician” accustomed to being the target of negative attention, thus, unlikely that a particular verbal attack would frustrate him to such a degree that he would immediately embark on revenge through a labyrinth of false claims. The immediacy of McCallum’s claim that Debi Johnstone ran over his foot, his cooperation with the police, and his hospital attendance is suggestive that his claims were based on reality and not a concocted story fuelled by revenge. “Throughout, she subjected Mr. McCallum to an onslaught of vile and abusive language. Then, and likely adding to Mr. McCallum’s stress, she suddenly drove off over his foot.”
SURREY: A BC provincial court judge has acquitted former Surrey Mayor Doug McCallum in the public mischief case where he was accused of intentionally misleading the police to trigger an investigation of a political opponent.
In September 2021, McCallum, had a confrontation with Debi Johnston, member of Keep The RCMP in Surrey (KTRIS) group outside a Save on Foods parking lot after which McCallum complained to police about Johnstone running over his foot.
Police declined to charge Johnstone after the confrontation, and instead investigated McCallum for allegedly making a false claim.
The case became a focus for critics of McCallum in campaigning for the Oct. 15 municipal election.
The B.C. Provincial Court Judge Reg Harris found McCallum not guilty, ruling McCallum’s foot had, in fact, been run over, and that he had not intended to mislead police despite discrepancies in his story about he being pinned down by Johnston’s car or the speed with which Johnston drove.
The court document rather reveals that McCallum’s comments about wanting and investigation and wanting to go after Johnstone, were entirely consistent with what he experienced in the parking lot. McCallum was also accused of making inconsistent statements of pinning him with her car and heavily accelerating.
Judge Harris said that inconsistencies in McCallum’s statement were due to him being frightened and surprised. “In my view, this finding does not lead to an automatic conclusion that Mr. McCallum was deliberately misleading. This is because the entirety of the interaction supports the view that his mistaken perception was reasonable in the circumstances. Facts in support include, Ms. Johnstone’s sudden presence, Mr. McCallum being surprised and frightened, the heated exchange, Ms. Johnstone’s sudden departure, and Mr. McCallum’s foot being run over. In all of these circumstances, it is entirely understandable how a 77 year old in Mr. McCallum’s position could have perceived that Ms. Johnstone accelerated heavily.”
Detailing the background as to what led to heated exchange between the McCallum and Johnston, the court document mentions that the decision to cancel the RCMP contract caused discord within the community of Surrey. “Through this discord, a group called Keep the RCMP in Surrey, (“KTRIS”) formed. The objective of this group was to initiate a reconsideration regarding the decision to cancel the RCMP contract. Then, and for the purpose of achieving their objective, KTRIS commenced a series of tactics.”
The document also mentions as time progressed, some persons within KTRIS became increasingly forward in their efforts to change council’s decision. “In this regard, they became disruptive and rude at council meetings, they staged protests in front of McCallum’s home, they attended councillor Guerra’s home, and they would yell and swear at McCallum and councillor Guerra when they were at public events.”
The judge stated that even the heated interaction between the two was “against the backdrop of her (Johnston’s) displeasure with Mr. McCallum.”
The document mentioned that Johnston “stalked and tracked the person she thought was Mr. McCallum, then, and after confirming it was Mr. McCallum, she stealthily approached him from behind, then, and without warning she commenced a verbal assault. All of this occurred while Mr. McCallum was simply walking through a parking lot.”
The details of the verbal assault on McCallum are sad where he is called a devil and was being asked to resign, which the judge stated would have frustrated McCallum but the judge was unable to conclude that McCallum’s frustrations with Johnstone motivated him to intentionally make false statements.
He said, “McCallum is an experienced politician who in his words, has thick skin. I interpret this to mean that he is accustomed to being the target of negative attention, thus, it is unlikely that this particular case, even with his earlier experiences, would frustrate him to such a degree that he would immediately embark on revenge through a labyrinth of false claims. Second, the immediacy of Mr. McCallum’s claim that Ms. Johnstone ran over his foot, his cooperation with the police, and his hospital attendance is suggestive that his claims were based on reality and not a concocted story fuelled by revenge.”
After considering all of the evidence, the judge was satisfied that McCallum found the entire event shocking, significantly frightening and likely upsetting. “Throughout, she subjected Mr. McCallum to an onslaught of vile and abusive language. Then, and likely adding to Mr. McCallum’s stress, she suddenly drove off over his foot.”
McCallum made a brief statement after the acquittal. He was visibly emotional when the verdict was read in court, in tears. He thanked his family for their support, his lawyers for their “tremendous efforts”.
“And to the people of Surrey, I love you. I love all of you,” he said in brief remarks outside the courthouse.
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