Defence lawyer for Calgary terrorism suspect says client can no longer pay retainer

One of two Calgary-area men charged with terrorism-related charges linked to ISIS can no longer afford to pay his lawyer, court heard Friday.

Defence counsel David Chow asked to be allowed to be removed from the record because Jamal Borhot can no longer afford to pay him after the lawyer waded through “mountainous” Crown disclosure for him.

Chow told Justice David Labrenz he is assisting Borhot in getting new counsel through legal aid, but he can no longer continue on the case.

“Mr. Borhot cannot afford to pay my retainer fees,” Chow said. “Mr. Borhot cannot afford my legal services so I'm making an application to be removed from the record.”

Defence counsel Rame Katrib, who represents Borhot's cousin, Hussein Borhot, said he still has to review “thousands and thousands and thousands” of pages of disclosure to determine if he will be able to continue on behalf of his client.

Crown prosecutor Tyler Lord said he could make the file manager available to assist counsel in reviewing the material, but Katrib said it would be inappropriate to have a police officer assist the defence.

The cousins are charged separately with terrorism-related charges for allegedly travelling to Syria to assist ISIS.

Jamal Borhot, 31, faces three charges of participating in the activities of a terrorist group.

Hussein Borhot, 35, faces those same three charges plus an additional allegation of commission of an offence for a terrorist group.

Both were arrested last year following a seven-year investigation by the RCMP, Jamal in September and Hussein two months earlier. Both are free on bail on strict conditions.

The Crown filed a direct indictment in February, moving the case to Court of Queen's Bench without the need for a preliminary inquiry.

They were scheduled to set a trial date on Friday, but both Chow and Katrib asked the case be adjourned a month so Jamal can find new counsel and Katrib can wade through disclosure.

“My client may ultimately be in a similar position to Mr. Chow's,” he said, of the mounting legal bills facing Hussein Borhot.

Katrib said the one-month delay won't be enough time for him to prepare for trial.

“I'm suggesting I need more time to even do the bare minimum,” he told Labrenz. “I need more time to determine if I can even stay on the record.”

The case returns to Court of Queen's Bench on May 28.