WATCH: Defence to argue Rohinie Bisesar 'not criminally responsible' for deadly PATH stabbing

The lawyer representing the Toronto woman accused of fatally stabbing a woman she'd never met in the PATH system intends to argue at trial that she is not criminally responsible for her actions.

Rohinie Bisesar is charged with first-degree murder in the December 2015 death of Rosemarie Junor.

Toronto Police handout of Rosemarie Junor

On Monday a jury declared Bisesar fit to stand trial after officials who oversaw her treatment also declared her fit this past summer.

Forensic psychiatrist Dr. Ian Swayze told the jury that Bisesar has schizophrenia, but is doing well after being treated for the past year.

Bisesar looked markedly different than the glamorous, polished woman in photos circulated after Junor's death. In the prisoner's box she wore no makeup, her wavy dark hair un-styled. Bisesar wore glasses and a dark-coloured oversized workshirt over a beige turtleneck.

The MBA grad is charged with stabbing a stranger to death in December 2015

Toronto Police handout or Rohinie Bisesar

"We're going to be seeking NCR, which is not criminally responsible," Bisesar's lawyer Robert Karrass told reporters outside the courtroom. "We're doing that on the basis that my client suffered from a mental condition that robbed her of the ability to know that the reasonably foreseeable consequences of her actions were wrong."

In court, Dr. Swayze testified that after treatment that includes anti-psychotic drugs, Bisesar's symptoms of schizophrenia are almost entirely gone. He described her state of mind Monday as "focused, organized, rational, coherent" and her condition as "radically improved" from when they first met after her arrest.

At the time, Dr. Swayze describes Bisesar as "acutely unwell", experiencing hallucinations, hearing voices, sensing things that weren't there.

Biseasar's trial by Justice John McMahon begins Friday morning and Karrass expects it will include a list of agreed-upon facts along with arguments from the prosecution and defence rather than a series of witnesses.

If McMahon finds Bisesar not criminally responsible for Junor's death, she will continue treatment at a mental health facility rather than go to jail. It would be up to the Ontario Review Board to determine how long that in-patient treatment would continue.

The courtroom was packed full of Rosemarie Junor's family members.

Her brother Richard Junor, says they are ready for the case to move forward but expressed doubts about mental illness as a defence for murder.

"You can be angry, but at the end of the day, it's not going to bring my sister back," he told reporters.

 

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Richard Junor, brother of Rosemarie Junor who was stabbed to death in Toronto’s PATH in 2015 is glad his sister’s accused killer has been found for for trial #Toronto #crimeTO #homicide #murder

A post shared by NEWSTALK 1010 (@newstalk1010) on Oct 29, 2018 at 3:28pm PDT

with a file from the Canadian Press