Prosecutors say defence delay or distinctive circumstances within the case are the rationale for the time elapsed because the accused’s arrest in September 2020
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The practically four-year interval between the arrest and trial of Calgary terrorism suspect Jamal Borhot largely lies on the toes of the defence, prosecutors say.
In a written transient filed in Calgary Court docket of King’s Bench, Crown legal professionals Domenic Puglia and Kyra Kondro argue Borhot isn’t entitled to a keep of proceedings based mostly on unreasonable delay.
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Defence counsel Pawel Milczarek has filed a Constitution problem alleging his shopper’s proper to a trial in a well timed style has been breached and the costs towards him needs to be thrown out.
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However the prosecutors say many of the 44 months and eight days it should take to conclude Borhot’s trial on the finish of Could from the date of his arrest in September 2020 are the results of defence delay, or distinctive circumstances within the case.
Borhot, 34, faces three prices of collaborating within the actions of a terrorist group. He’s accused of travelling to Syria in 2013 and 2014 to help ISIS.
The prosecutors famous Borhot has modified legal professionals 3 times and the case has concerned separate proceedings in Federal Court docket over defence purposes for disclosure of redacted info of human sources underneath the Canadian Safety Intelligence Service (CSIS) Act and nationwide safety underneath the Canada Proof Act.
They added the ruling within the Jordan resolution additionally mentioned complicated circumstances may very well be anticipated to last more.
“It is a complicated case,” they famous.
“Terrorism prosecutions and the terrorism provisions of … the Legal Code have persistently been known as sophisticated.”
They mentioned the Borhot prosecution has most “of the hallmarks listed in Jordan of what constitutes a very complicated case.”
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Amongst these was the “voluminous disclosure” the Crown was required to supply the defence, of practically 17,000 investigative information and one other 18,000 information concerning a previous investigation involving a distinct investigative staff.
The trial may even contain greater than 60 witness together with two consultants, one a German physician who can provide opinion proof about ISIS and Syria and one other who will attest to the accuracy of Arabic to English wiretap and Fb proof.
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“The Crown has made each conceivable effort to streamline the file and transfer this case ahead. From the start the Crown had a concrete plan. If and when these plans modified, it pivoted, promptly and repeatedly,” the prosecutors mentioned.
“Mr. Borhot’s … Constitution proper has not been infringed. A lot of the delay falls squarely on the toes of the defence, as was conceded all through,” they wrote.
“Though this complicated case is anticipated to conclude 44 months and eight days from the day of arrest, after the required deductions of 27 months for defence-based and waived delay and for discrete occasions, the online time attributable for Jordan functions is 17 months.”
Each side will current oral arguments earlier than Justice Corina Dario when the trial commences Monday.
KMartin@postmedia.com
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