Alleged TTC subway pusher will argue she's not criminally responsible due to mental disorder if found guilty

The woman accused of pushing another woman onto the tracks at a Toronto subway station last year will argue she’s not criminally responsible for her actions if found guilty, citing a diagnosis of Schizophrenia.

Edith Frayne, 46, was charged with attempted murder and aggravated assault in April 2022 after she allegedly pushed Shamsa Al-Balushi, 40, onto the subway tracks at Bloor-Yonge station.

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Al-Balushi was able to roll under the overhang of the platform, preventing her from being hit by the train. She sustained serious injuries.

READ MORE: Woman shoved onto Toronto subway tracks speaks out as video emerges of disturbing incident

Frayne and Al-Balushi were unknown to one another at the time of the incident.

On Tuesday, Frayne’s judge-alone trial began at 10 Armory Street in Toronto. The accused appeared via video from the Centre for Mental Health and Addiction in downtown Toronto, where she is being housed.

Frayne, who was confirmed by the judge as fit to stand trial Tuesday, is also pleading not guilty in connection with the assaults of two other individuals and to allegedly stealing from someone at a Tim Hortons a month prior to the subway station incident.

If found guilty, Frayne’s will argue she’s not criminally responsible due to a mental health diagnosis of Schizophrenia, according to her legal representation, Nicholas Xynnis. If found guilty, but not criminally responsible, Frayne would be returned to hospital rather than be incarcerated.

Xynnis confirmed to CTV News Toronto Thursday that the psychiatrist who evaluated Frayne is expected to testify on the diagnosis at an upcoming appearance next month.

ONGOING CIVIL LAWSUIT

Following the incident, Al-Balushi filed a civil lawsuit against the Toronto Transit Commission (TTC), claiming it failed to implement sufficient safety protocols that could have prevented her fall.

The lawsuit is seeking $1 million in damages.

Court documents show that Al-Balushi is currently facing her own set of unrelated charges, including assault and a failure to comply with release orders. As of Tuesday, she is also in custody.

In a statement of defence filed in response to Al-Balushi’s lawsuit, the TTC claimed it was not at fault for the incident and that Al-Balushi “chose to stand close to the edge of the platform and failed to pay due care and attention to her surroundings” in the moments before she was pushed.

Legal representation Daryll Singer called the TTC’s response is akin to victim blaming in an interview with CP24 last year.

“It’s kind of like blaming the rape victim for wearing a short skirt,” Singer said.

The lawsuit is ongoing and neither parties’ claims have been tested in court.