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A Calgary man who traveled to Syria with his cousin more than 12 years ago has been found guilty of terrorism after a judge ruled evidence showed he fought for ISIS.
Jamal Taan Borkhot, 35, was found guilty of three terrorism-related offenses after spending 11 months in Syria between May 2013 and April 2014.
Eight members of his family were in court Monday to hear Queen's Bench Justice Corina Dario's ruling.
After the sentencing, Dario revoked Borhot's bail and sheriffs took him into custody.
A sentencing hearing will take place at a later date.
Jamal Borkhot and his cousin Hussein Borkhot were charged by the RCMP in 2020.
In 2022, Hussein pleaded guilty to similar crimes and was sentenced to 12 years in prison.
There were several delays in Jamal's case, including changes in lawyers and proceedings in federal court. These proceedings, which addressed questions about whether potentially confidential information could be provided to Borhot and his lawyer, should have been completed before the trial could begin.
Last year, Dario rejected the defense's request to stay the charges due to delays in the case.
Intercepted calls
In reaching her verdict, Dario relied on travel documents, Facebook messages sent by Jamal, and intercepted phone conversations with family members and a friend.
During the trial, prosecutors Kent Brown and Domenic Puglia presented evidence that showed Borhot trained and fought for ISIS, assumed the role of the group's commander, created pro-ISIS videos and tried to recruit others to join.
After returning to Canada, Borkhot gave a statement to the police, denyingI have ever traveled to Syria.
In 2020, police intercepted Borkhot's communications with his mother, cousin and another man. In some of these conversations, Borhot discussed his time in Syria and ISIS.
Comments “filled with hate”
The Crown also relied on Facebook messages Borhot sent to three men who prosecutors said promoted ISIS in an attempt to persuade the men to join it in fighting in Syria.
Dario noted that Borhot made comments “filled with hatred towards non-Muslims” and “about killing those who did not convert to Islam.”
According to Dario, Borhot not only held terrorist beliefs, but “he was ready to kill and die for these beliefs.”
Defense lawyer Pawel Milczarek argues that the Crown failed to prove its case.
Milczarek said the Crown had not proven which group, if any, Borhot joined and said it was “quite possible” that the Facebook posts and intercepted phone calls made by Borhot were “a fabrication created to gain status within the community of his peers and family.”
