Breadcrumb Trail Links
Local News
Crime
Prosecutors say defence delay or exceptional circumstances in the case are the reason for the time elapsed since the accused’s arrest in September 2020
Jim Wells/Postmedia
Article content
The nearly four-year period between the arrest and trial of Calgary terrorism suspect Jamal Borhot mostly lies at the feet of the defence, prosecutors say.
In a written brief filed in Calgary Court of King’s Bench, Crown lawyers Domenic Puglia and Kyra Kondro argue Borhot isn’t entitled to a stay of proceedings based on unreasonable delay.
Article content
Defence counsel Pawel Milczarek has filed a Charter challenge alleging his client’s right to a trial in a timely fashion has been breached and the charges against him should be thrown out.
Advertisement 2
Article content
But the prosecutors say most of the 44 months and eight days it will take to conclude Borhot’s trial at the end of May from the date of his arrest in September 2020 are the result of defence delay, or exceptional circumstances in the case.
Borhot, 34, faces three charges of participating in the activities of a terrorist group. He is accused of travelling to Syria in 2013 and 2014 to assist ISIS.
The prosecutors noted Borhot has changed lawyers three times and the case has involved separate proceedings in Federal Court over defence applications for disclosure of redacted information of human sources under the Canadian Security Intelligence Service (CSIS) Act and national security under the Canada Evidence Act.
They added the ruling in the Jordan decision also said complex cases could be expected to last longer.
“This is a complex case,” they noted.
“Terrorism prosecutions and the terrorism provisions of … the Criminal Code have consistently been referred to as complicated.”
They said the Borhot prosecution has most “of the hallmarks listed in Jordan of what constitutes a particularly complex case.”
Advertisement 3
Article content
Among those was the “voluminous disclosure” the Crown was required to provide the defence, of nearly 17,000 investigative files and another 18,000 files regarding a prior investigation involving a different investigative team.
The trial will also involve more than 60 witness including two experts, one a German doctor who can give opinion evidence about ISIS and Syria and another who will attest to the accuracy of Arabic to English wiretap and Facebook evidence.
Recommended from Editorial
Crown files direct indictments against two men facing terrorism-related charges
Trial of terrorism suspect delayed a year to allow new counsel to come on board
“The Crown has made every conceivable effort to streamline the file and move this case forward. From the beginning the Crown had a concrete plan. If and when those plans changed, it pivoted, promptly and repeatedly,” the prosecutors said.
“Mr. Borhot’s … Charter right has not been infringed.
Sure! Please provide the content that you would like me to rewrite with HTML tags included.
Source link
