Charges stayed against man who had been accused in death of Anthony Smith

TORONTO – Charges have been stayed against a man who had been accused in the death of Anthony Smith.

Smith, 21, was shot and killed outside a Toronto nightclub last March, but his death gained extra notoriety when a photo surfaced of him with Mayor Rob Ford and two alleged gang members.

Hanad Mohamed was originally charged with first-degree murder in Smith’s death, but those charges were later downgraded to accessory after the fact to manslaughter, accessory to committing aggravated assault and accessory to discharging a firearm.

Those charges were stayed today, meaning they will be off the books in a year, but the Crown can reactivate them at any time before then.

A spokesman for the Ministry of the Attorney General says charges are stayed when there is no reasonable prospect of conviction or if it is not in the public interest to proceed and after reviewing Mohamed’s case, the Crown determined a stay was appropriate.

Nisar Hashimi, who had also originally been charged with first-degree murder in Smith’s death, pleaded guilty to manslaughter and aggravated assault and is serving a nine-year sentence.

The agreed statement of facts in Hashimi’s case said there was “ongoing animosity” between Hashimi and his associates, and members of the Dixon City Bloods gang.

According to the statement, Hashimi pulled out a gun and fired several shots in rapid succession.

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