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The Crown is asking for the court to sentence the man convicted of slashing a Surrey bus rider’s throat on April 1, 2023, on behalf of the Islamic State to 20 years behind bars, while the defence is asking for seven years.
Federal Crown prosecutor Sharon Steele and defence counsel Kevin Westell presented their reasons for the sentences on Thursday (July 30) in New Westminster Supreme Court before Justice Miriam Gropper.
A month prior, on June 30, Gropper found Abdul Aziz Kawam guilty of attempted murder for the benefit of a terrorist group and assault using a weapon for the benefit of a terrorist group.
Gropper will sentence Kawam at a later date, with a fixed date to schedule the sentencing hearing on Aug. 6.
The sentencing is likely to be scheduled towards the end of October at the earliest. Both Crown and defence agreed that Kawam’s time in pre-trial custody should be credited at the rate of 1.5 days for every day spent in custody.
THE INCIDENT
On April 1, 2023, Abdul Aziz Kawam, 31, attempted to kill one victim and assaulted another in Surrey. The victim’s names are covered under a publication ban.
Kawam was arrested shortly after the incident for attempted murder after allegedly slashing two people’s throats in the 14800-block of Fraser Highway. One victim was attacked at the bus stop, and the other was attacked on the 503 Coast Mountain bus at Fraser Highway and 148 Street.
Kawam called 9-1-1 after the attack and told the operator that he pledged his allegiance to Abu al-Hussein al-Husseini al-Qurashi, the leader of the Islamic State at the time. He then told the operator that he had just carried out the attack on the bus on behalf of the Islamic State.
Kawam went on to tell the operator that he wanted people to convert to Islam or pay the jizya to the Islamic State. The Oxford dictionary defines jizya as a tax that non-Muslim populations pay to Muslim rulers.
He was charged with attempting to commit murder, in association with a terrorist group; assault with a weapon, in association with a terrorist group; assault causing bodily harm, in association with a terrorist group; aggravated assault, in association with a terrorist group. Charges were stayed on the last two charges.
ARGUMENTS FOR SENTENCE
Steele was asking for Kawam to be sentenced to 20 years, including credit for time served. This includes 18 years on the attempted murder charge and two years on the assault with a weapon charge, which should be served consecutively, one after the other, the Crown argued.
“Kawam was not motivated by financial gain, passion, anger, or revenge. His purpose was to terrorize. He committed the offence on a public bus against a stranger and called 911 after the attack to declare his intentions and try to advance his cause. Mr. Kwan’s motive was rooted in hatred, bias, and prejudice. He espoused a worldview that devalues anyone who does not believe the same things that he does,” the Crown stated.
Westell is seeking a seven-year sentence, saying that doing so is not intended to downplay the gravity of the offences. The seven years includes six years for attempted murder for the benefit of a terrorist group and one year for assault using a weapon for the benefit of a terrorist group, which would be served consecutively.
In addition, the defence is asking for a probation order of three years with strict conditions that are “directed at psychiatric treatment, supervision, and de-radicalization.”
Steele read a victim impact statement from one of the victims during the sentencing hearing.
The statement spoke about how the victim’s sense of safety was impacted.
“After I got attacked, I’ve been on edge every time I go out. I’m more aware of my surroundings, looking at people’s hands when I walk past them. Since the attack, I’ve been anxious. It’s slowly getting a bit better, but it’s always there,” the statement read. “I don’t always think about being attacked again, but it is always now in the back of my mind everywhere I go.”
Kawam has a documented history of schizophrenia and has been hospitalized several times over the years.
The Crown stated he was under psychiatric care at the time of the offences, and at the time of the offence his psychiatrist said his condition was considered to be in “clinical remission.”
The Crown read findings from a report from Dr. Stuart Lax at the Forensic Psychiatric Services Commission, which stated that Kawam “has a well-documented history of schizophrenia.”
“He reports experiencing unusual religious experiences as early as 2013, and developed progressively worsening psychotic symptoms, including auditory and visual hallucinations, delusions involving religious figures, beliefs that he was God, the Antichrist, or other religious entities, and persistent preoccupation with apocalyptic pains.”
“Although some residual psychotic symptoms were noted shortly before the offences, a psychiatric nurse identified no acute safety concerns. Since his arrest, he has remained symptomatic despite treatment. He continues to report hallucinations, beliefs involving sorcery, thought broadcasting, and other psychotic experiences. At the same time, he demonstrates only partial insight into his illness and remains ambivalent about long-term medication compliance.”
The Crown also noted the report included a summary of Kawam’s substance abuse history, including the use of alcohol, Xanax, tramadol, cocaine, ecstasy and cannabis.
“While he denied substance use around the time of the offences, family members and mental health professionals have expressed concern that cannabis use either precipitated or significantly aggravated his psychotic attitude towards the offences,” the Crown said.
Kawam told two professionals who were assessing his mental health at the time of the incident that the “attacks were primarily motivated by religion” and rejected the idea that “mental illness or substance use played a major role in his actions.”
Although the defence argued that Kawam’s mental health did contribute to the offence and his “condition” made him vulnerable to indoctrination by the Islamic State, as a result, “reduce his moral blameworthiness.”
Several friends and family members provided reference letters to the court that “describe Mr. Kawam as calm, gentle, and kind, with no history of aggression or violence.” Westhall added that none of these people hold “jihadist beliefs, but they stand by that Mr. Kawam is a good person and has been a kind and supportive person to them in their lives.”
While in pre-trial custody, Kawam has completed several courses, including conflict resolution and completed grades 11 and 12. He has been described as “well-behaved and participated in programs” while in custody. He has also complied with mental health treatment and medication while in custody, with the exception of once rejecting his antipsychotic medication.
He also has no criminal history before the offence.
LIKELY TO BE DEPORTED
Kawam is a Lebanese citizen who was born in Saudi Arabia and lived there until he immigrated to Canada in 2014 when he was 19 to start his post-secondary education in Surrey. He is in Canada on an expired student visa. The Crown stated that steps will likely be taken after he has completed his sentence or been granted parole to have him removed from Canada.
Defence explained that Kawam will likely be deported to a country where he has never lived, Lebanon, and his parents and brothers reside in Canada. He argued Kawam “faces a more punitive situation” than a Canadian citizen. He will have to move to a country he has never lived in before, without the support of his family and the mental health supports he has in Canada.
Kawam has expressed remorse through his lawyer for his actions, but declined to speak to the court.
-With files from Tom Zytaruk
READ MORE: Accused pledged allegiance to Islamic State, Surrey terrorism trial hears
READ MORE: Surrey bus stabber convicted in terrorist attack
About the Author: Anna Burns
I cover breaking news, health care, court, Vancouver Rise FC, Vancouver Goldeneyes and social issues-related topics for the Surrey Now-Leader. anna.burns@surreynowleader.com Follow Anna on Twitter.