The lawyer for a Calgary man accused of committing terrorism offences over a decade in the past argues fees ought to be stayed due to court docket delays.
Jamal Borhot, 34, faces three terrorism fees stemming from alleged exercise in Syria in 2013 and 2014.
The costs had been laid in September 2020, however the case has languished within the courts ever since.
Borhot’s trial had been scheduled to start Monday.
The case has been delayed over disclosure of proof, two modifications of legal professionals and the cancellation of trial dates set for 2022 and 2023, together with prolonged Federal Court docket proceedings.
Defence lawyer Pawel Milczarek has filed an software to drop all Borhot’s fees as a result of the case didn’t meet closing dates set by the Supreme Court docket of Canada within the landmark R. v. Jordan determination in 2016.
He stated his shopper’s Constitution rights have been violated as a result of the case has taken too lengthy to get from the laying of fees to the anticipated conclusion of the trial.
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The Jordan ruling stated folks charged with an offence are entitled to have their circumstances tried inside 18 months in provincial courts and 30 months in superior courts except the delays are brought on by distinctive circumstances.
“It was actually what was taking place behind the scenes, or actually not taking place behind the scenes, that led to the impression of that course of on the trial dates,” Milczarek argued Monday.
“All of those so-called complexity points are a pink herring. They don’t trigger a delay right here.”
However Crown prosecutor Domenic Puglia advised Alberta Court docket of King’s Bench Justice Corina Dario a lot of the holdup was attributable to defence actions and, underneath the Jordan guidelines, the case’s complexity permits for some leeway in calculating delay.
“If it’s a advanced case, then the 30-month ceiling won’t apply. The Crown nonetheless has an obligation to indicate that it fairly took what steps it may to maneuver it ahead by the court docket system, but it surely’s not tied to particular findings that you must make of delay,” he stated.
Borhot is accused of travelling to Syria along with his cousin Hussein Borhot to combat for the Islamic State.
Hussein Borhot pleaded responsible to terrorism offences in 2022 and was handed a 12-year sentence.
© 2024 The Canadian Press
