Accused in Chicken Land shooting had ISIS videos on cellphone: Court

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BRAMPTON – While being tried as a regular first-degree murder trial — and five counts of attempted murder — this disturbing Chicken Land shooting case is also about the alleged role radical Islamic terrorism played. 

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In fact, a jury Monday heard that “ISIS propaganda videos,” saying it’s “permissible” to “enslave” or “kill” non-believers of radical Islam, were found on the cellphone of the alleged getaway driver in the heinous May 29, 2021 shooting murder of Naim Akl and attempted murders of his mother, Rania, father Jihad, brother, Daniel, sister, Sandra and employee, Rohullah Rawi. 

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There have been no known Sec. 83 terror charges laid in this case, and there is no known investigation underway connected to that statute.

Under the Criminal Code of Canada — under “Participation in activity of terrorist group” — Sec. 83.18 (1) states “every person who knowingly participates in or contributes to, directly or indirectly, any activity of a terrorist group for the purpose of enhancing the ability of any terrorist group to facilitate or carry out a terrorist activity is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.” 

Without terror charges, or any indication of a federal RCMP investigation connected to the Islamic State, evidence is flowing out in this trial alleging outside-the-country terror network videos, information and ideology influenced the actions of the day.

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It was one of those double-take moments that sent shockwaves through a courtroom when the court Monday heard evidence that one of the accused had searched for and found information from ISIS that said it was within their rules to “kill” what they called a “kafir” or a non-believer of Islam. 

The Akl family are of the Druze faith, but Naim, the court has heard, had been converted to Islam by two of the three accused.

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The Crown has alleged the motive for the shooting was that Naim, 25, who worked with these men at in a warehouse, would tell authorities about their “pledge of allegiance” to ISIS.

The shocking revelation was made to the jury in the first-degree murder trial of three men who the Crown claims all participated in the shooting at the Chicken Land BBQ restaurant in Mississauga on May 29, 2021, because they feared their victims may go to the authorities.

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Accused gunman Anand Nath, 24, accused getaway driver Suliman Raza, 28, and alleged leader Naqash Abassi, 34, are each charged with one count of first-degree murder and five counts of attempted murder.  They’ve pleaded not guilty.

In an agreed “statement of fact” list of digital files from Raza’s phone, with Peel Regional Police Det. Arun Adhya on the stand, the crown entered into evidence the existence of several “propaganda videos” on his phone labelled from ISIS that talked about the “fight for the cause of Allah” though “jihad,” that it’s OK to “kill” for the “cause of disbelief,” and that — in some cases — would apply to “women and children” if they were in the way of the intended adult target.

It’s bone chilling evidence put in by Crown Attorney David D’Iorio’ in an “agreed statement of fact.”

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The accused are considered innocent until proven guilty. This is the prosecution’s time to make their case, and the defence will have the opportunity to defend their clients. 

Superior Court judge Mr. Justice David Harris has not only made the presumption of innocent edict clear to the jury but in the case of the cellphone evidence, he made the special effort to ensure it was understood phone evidence relates only to Raza and not the other two. 

In addition to these videos – ranging from 47 seconds to as long as four minutes – the Crown told the jury that on Raza’s phone in the weeks up to the shooting there were searches of “how many bullets are in a Glock 43X” and on May 26th “what are the sentences for a getaway driver?” 

On the day of the shooting at the restaurant on Glen Erin Dr. and The College Way, the jury heard, Raza conducted no searches for three hours during the time of the alleged incident, but just hours later, there were requests and retrieved news stories about the shooting that was covered widely in the media. 

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Meanwhile, as for the offerings in court about ISIS, the RCMP Monday confirmed such alleged activities would fall under their purview and not Peel Police. 

“RCMP federal policing is responsible for investigating allegations of terrorism in Canada,” it said in a statement. “As the issue that you raise is currently before the courts, it would not be appropriate for the RCMP to comment at this time.” 

It’s an understandable position, since the accused deserve a fair hearing. However, even without terror charges being part of this trial, there is no denying terror group ISIS is front and centre.

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