Toronto Rapper Top5's First-Degree Murder Trial Stayed After Judge Tosses Social Media Evidence

The murder case against Toronto rapper Top5 has been halted just before trial after a judge decided to exclude critical social media evidence.

The evidence, which included music videos, online posts, and clips from a YouTube interview that allegedly linked the rapper to gang activity, was deemed too prejudicial for the trial, according to the 'Toronto Star.'

Top5, whose real name is Hassan Ali, was arrested in 2021 for his suspected involvement in the killing of 20-year-old Hashim Hashi. Hashi was fatally shot while sitting in his car near Jane Street and Highway 401 in Toronto on January 31, 2021.

Authorities believe Hashi, an accounting student, was mistaken for someone connected to the 2017 murder of Ali's brother, Said "Foolish" Ali.

Prosecutors decided to stay the first-degree murder charge, meaning the case has been paused rather than dismissed. This decision was made after it was determined that continuing with the case, given the exclusion of significant evidence, would violate the principles of fundamental justice.

Crown attorney Sue Adams stated that the exclusion of this crucial evidence forced the prosecution to halt the case. The judge ruled that although the evidence demonstrated Ali's threats and celebration of gang-related violence, it carried too much risk of biasing a jury.

The prosecution's theory was that Ali, a member of the Go Getem Gang (GGG), was involved in a gang rivalry with the Falstaff Marke Gang, leading to Hashi's murder. However, Ali has denied any gang affiliation, asserting that his references to GGG are tied to his record label, not a gang. The Crown acknowledged that GGG is also a record label but maintained that it doubles as a street gang.

Ali's social media accounts were a key point of contention. His Instagram account, now disabled, featured posts that allegedly showed threatening messages, including one aimed at The Weeknd during a beef between Drake and the artist. Upon his release, Ali declared, "An innocent man is home." However, under the criminal code, the Crown has up to a year to restart the proceedings if new evidence emerges.