Hassan Ali, the underground ÎÚÑ»´«Ã½ rapper Top 5, has been released on bail on firearm possession charges with the consent of the Crown — a decision his lawyer praised since his client is “factually innocent.â€
The 26-year-old was released from custody Friday after a surety promised to be liable for $15,000 if he violates any terms of his bail. Ali must also wear an electronic ankle bracelet and abide by a curfew that he remains in his residence between 10 p.m. and 7 a.m. His case was in court Tuesday, when it was remanded until April 1.
His lawyer, Gary Grill, said it’s rare for Crown attorneys to consent to bail on a gun charge, so “you can imagine how weak the case must be.†He praised the “senior and ethical†prosecutors for not opposing his release.
If prosecutors don’t withdraw the charges, he added, then Ali “will be acquitted — he’s factually innocent, this wasn’t his gun.â€
Police arrested Ali and another man on Jan. 24 after officers executed a search warrant in the area of Markham. Ali faces five charges including possession of a restricted weapon with ammunition and careless storage of a weapon.
His criminal record includes convictions for uttering threats, failing to comply with bail conditions, dangerous operation of a conveyance, flight while pursued by a peace officer and identity theft.
What it does not include is a conviction for murder; on the eve of trial for first-degree murder last September, Ali was released from custody after a judge excluded crucial prosecution evidence, including his social media posts, videos and lyrics.
That content, the judge said, portrayed him as a violent gang leader “who revels in the senseless killing of others,†and therefore would create “the risk that a jury will misuse this evidence and convict Mr. Ali because of his disposition.â€
Ali walked out of court a free man after spending three years locked up. At the time, Grill said the Crown had failed to establish a direct link between Ali and the evidence sought to be admitted.Â
Prosecutors wanted to use the material to help prove Ali was behind the alleged gang-related killing of Hashim Hashi, a 20-year-old accounting student shot to death on Jan. 31, 2021. They argued that the extent to which Ali is “truthful in his social media and rap lyrics and the extent to which he is purely engaged in artistic expression, is a matter for the jury to decide.â€
Could Top 5’s jury be expected to tell fact from fiction in the postings of a rapper who built
Ali has been described in court as a “significant†figure in the city’s rap scene, whose rise from obscurity to viral fame was propelled by a social media endorsement by ÎÚÑ»´«Ã½ rap superstar Drake.
Ali was initially charged with being an accessory after the fact to Hashi’s murder. He was later released on bail and ordered to wear an electronic monitoring ankle bracelet in a decision that was fiercely criticized by police and local observers.
Ali removed the ankle bracelet and fled the country after homicide investigators contacted his counsel to say his charge would be upgraded to first-degree murder. He was arrested in Los Angeles and extradited back to Canada in the fall of 2021.
After his release last fall, Ali suggested Drake had paid for his lawyer, before walking back the claim. On Tuesday, Grill said he cannot comment on who is paying his legal bills as that would violate solicitor-client privilege.
He said that prior to his client’s recent arrest, Ali has been busy doing what he does best: entertaining people. “He’s been on lots of podcasts, appeared at events, he gets paid to go to parties,†he said.
He noted that Ali’s conditions could allow him, for instance, to attend ÎÚÑ»´«Ã½ Raptors games — which he did a few weeks ago with Drake, before the arrest — so long as he is not out past his curfew.
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