A 29-year-old man has been found not criminally responsible for the second-degree murder of his cellmate at the Toronto South Detention Centre. El Hasheem Samuel acted under the delusional belief that his cellmate, 31-year-old Ibrahim Ali, was a demon intending to kill Samuel’s family.
The finding, delivered by Superior Court Justice Jane Kelly, follows a case that has highlighted the inhumane living conditions within one of Ontario’s most notorious jails. Both men were being held in pre-trial custody and were legally innocent at the time of the incident.
A Failure of Emergency Systems
On April 21, 2024, Samuel pressed the emergency call button in cell No. 6, hoping that Ali would be removed. When no correctional officer arrived, Samuel punched, kicked, and stomped on Ali, who was mostly immobile.
During the attack, Samuel pressed the emergency button again. While there is evidence that correctional officer Bruce Lunario was notified of a call, he informed sub-control that everything seemed fine in the cell after completing a round and did not enter.
Ali’s body was not discovered until just before 6 p.m. By guard Trewayne Jones. Ali was taken to St. Michael’s Hospital and was pronounced dead on April 29, 2024, after being removed from life support.
Systemic Negligence and Mental Health
The court heard that both men suffered from serious mental illnesses. Samuel has been diagnosed with bipolar disorder and schizoaffective disorder, while Ali suffered from schizophrenia.
Despite being a designated special needs inmate, Ali had been repeatedly placed in segregation between October 2023 and April 2024. This occurred despite a clear prohibition against housing mentally ill inmates in segregation.
On the day of the attack, the unit was on lockdown, a condition frequently caused by staffing shortages. Ali had been forcibly moved into the cell that morning, during which his head hit the doorframe; however, this was not reported to the registered nurse conducting his assessment.
Nurse Openyemi Giwa performed an assessment of Ali by standing at the door for less than one minute. Because she was not informed of the head injury, the required “head watch” protocol—which mandates checks every 10 minutes—was never initiated.
The Human Cost
Ibrahim Ali was described by his family as a bright individual who had been accepted into several universities and was studying chemical engineering at Toronto Metropolitan University before his mental health declined.
His parents, Khadra Dore and Abdi Osman, described the agony of returning from Somalia to find their son brain-dead and on life support. His brothers remembered him as a role model and one of the most intelligent members of the family.
Defence lawyers Karen Symes and Megan Andrews characterized the death as a “completely avoidable tragedy,” stating that the systems meant to protect both men had failed.
Legal Outcome and Next Steps
Forensic psychiatrists, including Dr. Lemmie Odell Tan and Dr. Alina Iosif, concluded that Samuel did not know his actions were morally wrong due to his mental state. This led to the finding of not criminally responsible (NCR).
As a result of this verdict, Samuel will remain detained in a hospital. He now falls under the jurisdiction of the Ontario Review Board.
The Board is likely to conduct annual reviews to decide whether his detention should continue or if he may be released under specific conditions.
Frequently Asked Questions
Why was El Hasheem Samuel found not criminally responsible?
Psychiatrists testified that Samuel suffered from delusions and hallucinations, believing his cellmate was a demon. The court concluded he did not understand that the beating was morally wrong.
What failures occurred regarding the emergency call button?
Samuel pressed the button multiple times. In one instance, an officer was notified but did not enter the cell, claiming everything seemed fine. Electronic records of the calls were later lost due to technical issues.
What was the “head watch” protocol that was missed?
Because Ali hit his head during his transfer to the cell, he should have been checked every 10 minutes to monitor his speech and movement until cleared by a doctor. This was not done because the nurse was not informed of the injury.
Do you believe current correctional facilities are equipped to handle inmates with severe mental health disorders?
