Opposing closing submissions heard at dangerous driving causing death trial

Final arguments are being made in the trial of Bahaa Ali, accused of causing a crash that claimed the life of a 68-year-old woman. Nick Paparella explains.

When he testified at the trial more than a month ago, Bahaa Ali, 31, told the court that he wasn’t the man behind the wheel of his speeding Mercedes Benz when it crashed into a beige Hyundai Sonata at the intersection of Southdale and White Oak roads on Nov. 3, 2020.

Sixty-eight-year-old Joan Clubb would be rushed to hospital and eventually die from the injuries she sustained that morning.

Ali told the court that he misled police to protect his younger brother Muhannad who was the driver. He also wanted to make sure the insurance company would honour its policy and pay him out for the damages.

Ali said his brother called him after the crashed and he raced to the scene from a restaurant which was approximately two kilometres away. He said he was there quickly.

“Your honour should reject the testimony...the evidence of Bahaa Ali and Muhannad Ali is not credible because they lied, Crown Attorney Cara Douglas told the judge in her closing arguments.

The Crown said the brothers lied on the stand and to police saying, “This is not an identity case, it’s not a ‘whodunnit’. Mr. Bahaa Ali was the driver.”

The court heard testimony that the Benz was speeding along Southdale Road, which is zoned as 60 kilometres an hour.

The Crown said, “As the Mercedes approached the intersection it was going at least 129 kilometres an hour,” adding, “A reasonable person would not be going over double the speed limit.”

The Crown told the judge to convict Bahaa Ali of dangerous driving causing death. He has pled not guilty.

When defence lawyer Melina Macchia made her closing submissions, she told the court her client is telling the truth and that he wasn’t the driver that day.

Macchia said, “There’s no compelling identification evidence that the court can rely on to prove Bahaa Ali as the driver.”

She went on and told the court witnesses at the scene can’t be relied on because the brothers look similar.

“We have two sets of people describing two different sets of clothing. Their description of the driver is incorrect,” she said.

Before wrapping up she said, “Bahaa Ali is telling the truth.”

Justice Barbara MacFarlane is expected to hand down her verdict in the case on Feb. 3^, 2026.