Police contemplated a surveillance operation against Doug McCallum as they tried to determine whether the outgoing mayor was lying about a woman he accused of running over his foot, according to the primary investigator on the file.
The proposed scheme was part of what Sgt. Andre Johnny described Tuesday as “brainstorming” undertaken by Surrey RCMP in the early days of an investigation that ultimately saw McCallum turn from alleged victim to prime suspect in his own criminal complaint.
Johnny took the stand on the second day of McCallum’s trial for public mischief.
Under defence cross-examination, he stressed that his supervisors ultimately rejected the idea of surveillance, as well as trying to “sneak away” McCallum’s cellphone — an idea also floated.
But McCallum’s lawyer asked why they thought either plan might be necessary, when “from start to finish” McCallum had been “more than co-operative.”
“What on earth is a surveillance team going to uncover?” asked Richard Peck.
“He’s the mayor of Surrey. He’s a 77-year-old man going about his business. What is a surveillance team going to uncover?”
A ‘standard admonition’?
Johnny held the rank of corporal on Sept. 4, 2021 — the day on which McCallum contacted RCMP to complain that he had been assaulted by an opponent of his plans to replace the Surrey RCMP with a municipal police force.
The outgoing mayor — who was defeated in an election last month — claimed that 66-year-old Debi Johnstone spewed profanities at him before running over his foot in her silver Mustang.
But Peck said police began treating McCallum as suspect rather than complainant just days into the investigation, according to briefing notes describing their job as being to “determine if driver has fault or actions of mayor are deceptive.”
Investigators — who worked for the same Surrey RCMP detachment McCallum was trying to disband — signed non-disclosure agreements and were told they needed to remain impartial and to look at the case “independently and objectively without any bias.”
“Is that a standard admonition you would give at the beginning of any investigation?” Peck asked.
“No, not typically,” Johnny replied.
‘It’s very numb right now’
McCallum is charged under a section of the Criminal Code that defines public mischief as causing another person to be suspected of an offence they have not committed.
Crown prosecutor Richard Fowler wrapped the Crown’s case Tuesday after playing both McCallum’s 911 call to police — which he made after doing his groceries — and a videotape of his statement to RCMP at a detachment later on the same Saturday.
In the 911 call, McCallum identified himself as the mayor of Surrey and named Johnstone as the person who had harassed him before. He claimed she drove off “just screaming blue murder” after running over his leg and foot.
“It’s very numb right now,” he told the operator.
Speaking to an RCMP officer in an interview room later, McCallum claimed that Johnstone “just about pinned” him to the back of his car — an act that Johnny would later testify he could not see in CCTV footage of the encounter.
The footage shows McCallum stopping to speak with Johnstone after she yells at him to resign while pulling through two parking spots close to the front of a Save-On-Foods.
She was at the location to meet other members of the Keep the RCMP in Surrey group.
‘She ran right over my foot’
In his statement, McCallum claimed that Johnstone “actually floored it” as she drove away.
“As she pulled out she even pulled closer, and then when she turned she ran right over my foot, my leg,” he told the officer.
On the stand, Johnny agreed that the video shows McCallum making a slight movement of his leg as Johnstone draws away, though the car’s tire and the mayor’s feet are concealed by a shrub.
During his interview, McCallum took off his sock and shoe to show the officer what he claimed was damage to the top part of his foot.
Peck pointed out that medical records showed a moderate swelling on the left foot which he claimed Johnstone ran over.
Police records noted that McCallum didn’t appear to limp as he went about his business after the confrontation. But Johnny admitted that investigators didn’t follow up with a doctor to see what the impact of his purported injuries might be.
“To this day, you cannot say conclusively whether the foot was run over or not — is that correct?” Peck asked.
“That is correct,” Johnny answered.
‘I want you to investigate it’
During his videotaped interview with police, McCallum said he had been the subject of two bomb threats, both of which were investigated by police.
He said Johnstone and others with Keep the RCMP in Surrey had been harassing him for months, showing up at his home until they were warned away by police.
“These people are very, very radical, they really are,” he told the officer.
“I want you to investigate it. This is quite serious to me. This is the first time that I feel I was picked out and targeted. I’ve been around long enough that this is just about a hit-and-run — it’s certainly harassment … I really on this one want to go after her.”
In her testimony the previous day, Johnstone admitted to calling McCallum “a scaly-faced motherf—er” and was asked about other incidents in which she has called members of the new Surrey Police Service “whores” and “scabs.”
She also spoke about protests that took her and others to the doorstep of McCallum’s home.
Peck said McCallum clearly wanted her investigated for criminal harassment.
But Johnny insisted “harassment was never the issue” that his team was investigating.