Calgarian accused of fighting for ISIS to stand trial after judge rejects defence application

A Calgary man accused of fighting for ISIS in Syria will go on trial on terrorism charges after a judge rejected a defence application to have the charges stayed because the case had dragged on too long through the court system. 

After hearing arguments last week, Court of King's Bench Justice Corina Dario ruled Monday that Jamal Borhot's "rights were not violated."

"We will continue with the trial," said Dario.

Borhot, 34, faces three terrorism-related charges stemming from a seven-year RCMP investigation that began in 2013 and ended with charges laid in 2020.

• Calgarian accused of fighting for ISIS should see charges dropped due to delay, says lawyer

He is accused of travelling to Syria in 2013 with his cousin, Hussein Borhot, to fight for ISIS for a year.

Hussein was charged as part of the same investigation. He pleaded guilty to terrorism offences in 2022 and was handed a 12-year sentence. 

• Calgary terrorism case should go to trial, says Crown after defence alleges Charter breach due to delay

Last week, Borhot's lawyer Pawel Milczarek made what's known as a Jordan application — arguing his client's rights to be tried in a reasonable time were violated.

The Supreme Court of Canada says cases in superior courts can take 30 months to get to trial conclusion after charges are laid. This case sits at 44 months. 

There are circumstances that allow for some leeway in calculating delay. 

Due to the quick turnaround between arguments and decision, Dario issued her decision with reasons to follow so the lawyers could get on with calling evidence in what turned into Day 1 of the trial after the Jordan ruling. 

The trial began with prosecutors Kent Brown and Domenic Puglia calling their first witness.

RCMP officer Christopher Konig is expected to be on the stand all of Monday, outlining the efforts that took place over the seven-year investigation, including undercover and wiretap operations.