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A Calgary man who travelled to Syria with his cousin more than 12 years ago has been found guilty of terrorism offences after a judge ruled that the evidence shows he was fighting for ISIS.
Jamal Taan Borhot, 35, was convicted of three terrorism-related offences after spending 11 months in Syria between May 2013 and April 2014.
Eight of his family members were in court on Monday to hear Court of King’s Bench Justice Corina Dario’s decision.
After the verdict, Dario revoked Borhot’s bail, and sheriffs took him into custody.
A sentencing hearing will take place at a later date.
Both Jamal Borhot and his cousin Hussein Borhot were charged by RCMP in 2020.
In 2022, Hussein pleaded guilty to similar offences and was handed a 12-year sentence.
Jamal’s case encountered several delays, including changes in defence counsel and federal court proceedings. Those proceedings, which dealt with issues of whether potentially sensitive disclosure could be provided to Borhot and his lawyer, had to be concluded before the trial could begin.
Last year, Dario rejected a defence application to have the charges stayed 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 calls he had with family members and a friend.
During the trial, prosecutors Kent Brown and Domenic Puglia presented evidence that showed Borhot trained with and fought for ISIS, took on a role as a commander for the group, created videos for the benefit of ISIS, and attempted to recruit others to join.
After his return to Canada, Borhot gave statements to police, denying having ever travelled to Syria.
In 2020, police intercepted communications between Borhot and his mother, his cousin and another man. In some of those conversations, Borhot discussed his time in Syria and ISIS.
Comments ‘filled with hatred’
The Crown also relied on Facebook messages Borhot sent to three men, which prosecutors say promoted ISIS in an attempt to get the men to join him in fighting in Syria.
Dario noted Borhot made comments “filled with hatred toward non-Muslims” and “about killing those who did not convert to Islam.”
Not only did Borhot hold terrorist beliefs, said Dario, “he was prepared to both kill and die for those beliefs.”
Defence lawyer Pawel Milczarek argued the Crown failed to prove its case.
Milczarek submitted the Crown had not proven which group, if any, Borhot had joined and argued it is “reasonably possible” that the Facebook messages and intercepted phone calls made by Borhot were “a fabrication created to gain status within his community of peers and family.”
