A man who spat on a CBC staffer at a COVID-19 vaccine protest has been given a 12-month suspended sentence with 18 months’ probation with conditions in Surrey Provincial Court.
In a newly released Dec. 3 decision, Judge Delaram Jahani said Vojislav Zmukic pleaded guilty on June 25, 2024, to one count of assault on Feb. 19, 2022. He had spat on CBC cameraman Shawn Foss.
Zmukic suggested journalists choose to put themselves in situations where the action is in harm’s way and that a spit on a jacket may not have been significant to Foss, who did not file a victim impact statement.
The judge disagreed.
“Journalists and their crew are public service providers and in circumstances much like the case at bar, they are vulnerable persons. Their mandate and commitment to their profession is to keep the public informed of the relevant events that impact our community,” the judge said.
“If they are momentarily placed in potentially unsafe situations, it certainly is not and should not be confused with a confirmation of an invitation to be assaulted or of being consensual to any harm that may befall them.”
“Everyone is entitled to feel safe at their place of work, wherever that may be, and have the ability to fulfil their vocational duties and profession, whatever those may be,” the judge added.
'Overt expression of disrespect'
On Feb. 19, 2022, Zmukic attended a Freedom Convoy protest in Surrey near the Pacific Border Crossing.
“The demonstrators were protesting the provincial and federal governments’ implementation of vaccine-related requirements during the COVID-19 pandemic,” said the ruling.
Foss and CBC journalist Dan Burritt were among the media representatives in attendance.
Jahani said when the two arrived, a group of protesters, including Zmukic, soon swarmed and surrounded them, making it difficult for them to proceed further on their path.
One protester placed an umbrella directly in front of Foss’ camera. He had to push it away to be able to proceed forward.
Another person from behind shoved his camera, destabilizing it and causing Foss to lurch forward in an effort to find balance and regain control of the equipment.
“As Mr. Foss was trying to regain his footing and prevent the camera from falling, another person spat at Mr. Foss and attempted to spit at him a second time,” Jahani said. “Mr. Zmukic who was within close proximity, then stepped forward and proceeded to spit on Mr. Foss.”
Foss was facing away from Zmukic, struggling to hold onto the camera and the spit landed on his back.
“He did not notice that he was spat on until the following day,” the judge said.
Police officers intervened to escort Foss and Burritt away from the protesters.
Zmukic, who had been recording the scene on his cellphone, followed Foss and Burritt until they were past the line of police vehicles.
Zmukic was arrested almost a year later on Feb 16, 2023.
A CTV camera caught the incident and the footage was filed as an exhibit in the case.
Zmukic sought a conditional discharge, saying a momentary lapse of judgment led to his unfortunate behaviour on that day.
Still, the judge denounced his actions.
“The act of spitting at someone conveys a powerful non-verbal, public and overt expression of disrespect, capable of covering a wide range of emotions, such as anger, aggression, contempt and/or hatred,” Jahani ruled.
