PATH stabbing case plagued by delays in judicial process
Looming strike at jail could hold up prisoner’s transport to court, accused’s lawyer says
The case of Rohinie Bisesar, the woman who stands accused of killing Rosemarie Junor in a random knife attack in the PATH last month, is still in the “embryonic” stages, according to her lawyer.
Calvin Barry cited a combination of factors, including a looming correction workers’ strike, the recent holiday break, and Bisesar’s ongoing incarceration for the current state of the case. Her Friday court appearance was delayed hours because Bisesar, who was being transported from jail, wasn’t brought to court in time.
“It’s really frustrating on all fronts,” Barry said Friday while waiting for her to arrive.
Wearing an oversized green sweatsuit with her hair appearing unkempt, Bisesar stood, her small frame up straight, at the front ledge of the prisoners’ box. Her voice inaudible to the media filling the courtroom at Old City Hall, she appeared to have a slight smile on her face as she came up the stairs and as she returned to the cells in the old building’s basement.
A full afternoon schedule and a backlog of lawyers waiting in the court’s basement cells meant Barry spoke with Bisesar only during her brief appearance in the prisoners’ box.
“It was difficult because I only had a few moments in court (to see her). She looks a little dishevelled and a little tired today, but it’s probably part of this work-to-rule jail guard (situation) pending strike,” Barry, told reporters outside court after the appearance.
Up to 6,000 corrections officers and probation workers represented by the Ontario Public Service Employees Union could walk off the job if a 12:01 a.m. Sunday strike deadline passes.
Bisesar has been in custody since Dec. 15, when she was arrested after an extensive search for a suspect in the afternoon attack on Rosemarie Junor, 28, in a con- course Shoppers Drug Mart. Police described the attack as a “completely random act of violence.”
Barry couldn’t comment on whether Bisesar would receive mental-health support, suggesting it was too early to say.
Speaking in general terms, he told the Star: “When somebody’s out of custody on bail it makes it a lot easier to prepare for trial, to get whatever help they need, or if they need psychiatric evaluations and such.”
The impending strike makes it “all that much more difficult,” he said. “But it’s difficult at the best of times even when these strike issues aren’t occurring.”
“You go and there’s lockdowns, you go there’s a strike. People that need certain help, especially the mentally disordered accused, it makes it all the more difficult,” he said, citing issues like overcrowding.
Friday’s appearance was intended as a chance for the defence to receive an evidence disclosure from Toronto police, but the court heard that evidence would not be ready until later in the month. The matter was adjourned to Jan. 20.
Bisesar will make that next appearance by video link, in part because of concerns that the potential job action could further delay prisoner transport and hold up the courts while they wait for people in custody to arrive, the court heard.
Since her charges were upgraded, Barry will not be seeking bail at this time, he said, and could not comment on whether he will in the future, citing a lack of information at his disposal at the moment.
Initially charged with attempted murder, aggravated assault and carrying a concealed weapon, charges against Bisesar were upgraded to second-degree murder after Junor, a newlywed, died of her injuries in hospital days after the Dec. 11 attack.