A man has received a suspended sentence and one year probation for spitting on a journalist at the Freedom Convoy protest at the Peace Arch border in 2022.
Vojislav Zmukic, a 58-year-old welder and supervisor, pleaded guilty to an assault of CBC cameraman Shawn Foss that occurred on Feb. 19, 2022. The Freedom Convoy protests, held to fight against vaccine mandates implemented by the B.C. and Canadian governments, included one at the Canada-U.S. Peace Arch border crossing. The protests garnered much media attention at the time.
Foss was at the scene of the protest fulfilling his work duties with another CBC reporter, the judgment from Dec. 3 reads.
"Within a short time and distance, a group of protesters including Mr. Zmukic, swarmed and surrounded the duo, making it difficult for them to proceed further on their path," reads Judge Delaram Jahani's judgment for the case.
"One of the protesters placed an umbrella directly in front of Mr. Foss’s camera who had to push it away to be able to proceed forward. Immediately after, another person from behind shoved his camera, destabilizing it and causing Mr. Foss to lurch forward in an effort to find balance and regain control of the equipment."
As the cameraman was attempting to regain his footing and also prevent the 20-pound camera on his shoulder from falling, an individual spat at him and was trying to spit on him again when Zmukic, who was close by, stepped forward and spat on Foss, leading to police intervening to separate the protesters from the CBC staff.
The spit landed on Foss' back, and he did not notice it until the next day.
Zmukic was recording the interaction on his phone when he continued to follow the CBC employees who were escorted by police. The 58-year-old was arrested the following year, on Feb. 16, 2023.
Many media were swarmed by protesters on that day.
Footage of the assault taken by CTV was used as evidence in the hearing.
Hoping for a conditional discharge, Zmukic submitted that other than the 2022 assault, he has been a law-abiding individual his entire life and had a "momentary lapse of judgment giving rise to his unfortunate behaviour that day."
Foss did not provide a victim impact statement, leading Zmukic to indicate that the victim was likely forgiving towards him and that the spit was possibly not "significant" to him given his line of work, which the judge disagreed with.
"Journalists and their crew are public service providers, and in circumstances much like the case at bar, they are vulnerable persons," Jahani wrote.
"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."
Zmukic was the third person that day to spit on Foss, creating a potential risk to the individual as the protest occurred during the COVID-19 pandemic.
"Mr. Zmukic’s behaviour was disgraceful, inconsiderate and inhumane," the judge stated, adding that in other assault cases, the perpetrators were often in a compromised mental state.
But Zmukic, the judge states, was of sound mind when he committed the assault.
Jahani states that Zmukic has shown remorse for his behaviour and provided letters of apology to Foss, CBC and his own family.
Zmukic has received a suspended sentence for 12 months with several conditions, including having no contact with Foss, exhibiting good behaviour and keeping the peace, completing 50 hours of community service and not possessing any weapons.
