PROVINCIAL Court Judge Reginald Harris on Monday found former Surrey mayor Doug McCallum not guilty of public mischief.
McCallum was charged of lying to police in connection to a September 4, 2021 incident in which he had alleged that Debi Johnstone, who opposed his plan to replace the RCMP with a municipal police force, had deliberately run over his foot in a supermarket parking lot in Surrey.
The judge said that he believed the medical and physical evidence proved that Johnstone did run over McCallum’s foot and that the shock of the incident would have been enough to cause a distortion of memory regarding errors in his statement to police.
Harris said: “In my view, his statements reflect reasonable perceptions and not evidence capable of supporting an inference of misconduct.”
CCTV footage didn’t show McCallum’s foot as it was covered by a shrub.
In fact, the judge found Johnstone had run over McCallum’s foot and that was backed up in part by the video that showed her stealthily making her way through the parking lot before calling out to the former mayor.
He said: “In my view, there is ample, objectively verifiable evidence confirming Mr. McCallum’s assertion regarding his foot.”
The judge, noting that McCallum himself had told police to check out the CCTV footage, said: “In my view, it defies logic that Mr. McCallum would deliberately mislead the police and then immediately suggest they get evidence … that would show him to be a categorical liar.”
The judge also noted: “The presumption of innocence is crucial,” adding: “This is essential in a society committed to fairness and social justice.”