Defense attorney for Calgary man accused of terrorism wants charges dropped – Calgary

A lawyer for a Calgary man charged with terrorism offenses a decade ago says the charges should be stayed because of court delays.

Jamal Borhot, 34, is facing three counts of terrorism for his actions in Syria in 2013 and 2014.

Charges were filed in September 2020, but the case has since stalled in the courts.

Borhot's trial was scheduled to begin on Monday.

The case has been delayed due to discovery of evidence, two changes in attorneys and the cancellation of trial dates set for 2022 and 2023, as well as protracted federal court proceedings.

Defense attorney Pawel Milczarek filed a motion to have all of Borhot's charges dismissed because the case was decided by the Supreme Court of Canada in 2016 under R. It did not meet the deadlines set by the landmark decision in the case against Jordan.

He said his client's constitutional rights were violated because the case took too long, from the indictment to the expected conclusion of the trial.

The Jordanian ruling states that people accused of crimes have the right to have their cases heard in provincial courts within 18 months and in higher courts within 30 months, unless delays are due to exceptional circumstances.

“It's really what was going on behind the scenes, or what wasn't going on behind the scenes, that caused this process to affect the trial,” Milczarek said Monday.

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“All these so-called complexity issues are red herrings. They will not cause any delay here.”

But Crown prosecutor Domenico Puglia told Alberta court Corina Dario that much of the delay was due to defensive actions, and the complexity of the case under Jordan's rules allows some time to calculate the delays.

“If it is a serious situation, then the 30-month limit does not apply. The Crown still has an obligation to show what steps it has taken to move it forward through the court system, but it's not because of the specific findings that you have to delay,” he said.

Borkhot is accused of traveling to Syria with his cousin Hussein Borkhot to fight for the Islamic State group.

Husein Borhot pleaded guilty to terrorism offenses in 2022 and was sentenced to 12 years.

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