The defense says it's unreasonable to delay the Calgary terror suspect's case

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Calgary terror suspect Jamal Borkhot's lengthy arraignment is not due to the complexity of the case, his lawyer said Monday.

Defense attorney Pawel Milczarek, who wanted Judge Corina Dario to stay the case, said the Crown could not rely on serious issues to justify taking more than 44 months to complete his client's case.

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In written statements, prosecutors Dominique Puglia and Kyra Condro said complexity was one of the main reasons the case has exceeded the 30-month limit set by the Supreme Court.

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“This is a complex case,” prosecutors said in their brief.

“Terrorism Prosecution and Terrorism Regulations.” . . The Criminal Code has always been called complicated.”

In its ruling in Jordan, the country's top court said cases lasting more than 30 months, without delays related to the defense or particularly complex issues, are considered a violation of the accused's right to a trial within a reasonable time.

Milczarek wants Dario to find that Borhot's charter has been violated and the only solution is to stop prosecuting him.

“All of these complexities (introduced by the Crown) are red herrings,” Milczarek said.

“They are not the specific things that are responsible for the delay.”

He noted that Borkhot was charged in September 2020 after a seven-year investigation into the activities of the accused and his cousin Hussain Borkhot in relation to ISIS in Syria.

34-year-old Borkhot faces three charges of participating in the activities of a terrorist group. He is accused of traveling to Syria to help ISIS in 2013 and 2014.

Hussein Borhot was sentenced to 12 years in May 2022 after admitting to being an ISIS fighter while in the Middle East.

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Milczarek blamed the Crown's handling of issues such as disclosure, saying the defense's inaction kept his client's case from going to trial for a long time.

“It's really what's going on behind the scenes, or really, what's not happening behind the scenes,” he said.

Part of the hearing was held in camera as Milczarek made suggestions about national security issues.

In response to defense submissions, Puglia said the complexity of the case meant Jordan's 30-month limit did not apply, so even if Dario found most of the time involved in the charge, he still could not find a violation of the Charter.

“If it's a serious case, the 30-month ceiling doesn't apply,” Puglia said.

“You don't need to find that (complexity) is a delay.”

But Puglia said most of the 44 months between Borhot's indictment in 2020 and the end of his trial at the end of May lay at the feet of Milczarek and the defendant's first two attorneys.

He said the total delay for the crown should be only 17 months.

“If you don't agree with us, we ask you to find it complicated and withdraw (the stay application).”

Dario will hear additional motions on Tuesday.

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