Man Handed Suspended Sentence for Spitting on Cameraman During Covid-19 Protest

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A group of people are protesting outdoors. A woman in the foreground with glasses and a mask holds up a sign reading "NO COVID VACCINE." Others in the background also have raised fists and are wearing masks.Stock photo.

A man has been given a 12-month suspended sentence after being found guilty of one count of assault when he spat on a TV cameraman during a Covid-19 protest.

Vojislav Zmukic plead guilty in Surrey Provincial Court in British Columbia, Canada on June 25, 2024, for spitting on CBC cameraman Shawn Foss.

According to Burnabynow, Foss arrived at a Freedom Convoy protest in Surrey on February 19, 2022, along with CBC colleague Dan Burritt.

Demonstrators had gathered near the Pacific Border Crossing to protest the provincial and federal government’s implementation of vaccine-related requirements during the COVID-19 pandemic.

When Foss and Burritt arrived, they were immediately surrounded by protesters, including Zmukic, who began intimidating them. Some of the protesters attempted to block Foss’s camera.

One person shoved his camera causing him to stumble. As Foss tried to regain his balance, some of the protesters started spitting on him, including Zmukic.

Judge Delaram Jahani said in court that Foss didn’t notice he had been spat on until the following day.

Police officers helped the journalists escape the protesters and Zmukic followed them until they safely passed the police line.

Zmukic wasn’t arrested until almost a year later on February 16, 2023. Another TV camera caught the incident on tape, and the footage was used as evidence.

‘Being Assaulted is Not Part of a Journalist’s Job’

According to Judge Jahani’s decision on December 3, Zmukic attempted to argue that cameramen choose to put themselves in harm’s way and that Foss may not have been affected by the spit on his jacket. Foss didn’t file a victim impact statement.

Zmukic sought a conditional discharge, claiming that a momentary lapse of judgment is what caused the spitting incident. But the judge condemned 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 said.

“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.

“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 fulfill their vocational duties and profession, whatever those may be.”

As well as the suspended sentence, Zmukic must complete 50 hours of community service, attend regular meetings with a probation officer, and must not come within 100 meters of Foss.


Image credits: Header photo licensed via Depositphotos.

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