Subway pushing accused not criminally responsible

A Toronto man accused of pushing two teenage boys in front of a subway train last year has been found not criminally responsible.

Adenir De Oliveira, 49,had been charged withthree counts of attempted murder and two counts of assault stemming from a Feb. 13, 2009, incident at the Dufferin subway station.

Ontario Superior Court Justice Nancy Backhouse's rulingmeans thatDe Oliveira will be kept in a psychiatric hospital until the Ontario Review Boarddecides in 45 days his fate.

De Oliveira could stay in the facility, receive a discharge or an absolute discharge.

Asif Shargall, Jacob Greenspon and Antony Zelenka, all in Grade 9 at the time, were standing on the subway platform when a man approached them and silently pushed them. Zelenka was able to avoid falling onto the tracks.

The other tworolled out of the way of an oncoming subway, though Greenspon had to have two toes amputated and Shargall hurt his knee.

De Oliveira's lawyer has not disputed that his client pushed the teens onto the tracks, but argued during the September trial in thatthe question is whether De Oliveira should be held criminally responsible for his actions.

A defence psychiatrist diagnosed the accused as having depression with psychotic features.

But a psychiatrist called as a Crown witness testified during the trial he didn't believe De Oliveira qualifies for a defence of not criminally responsible due to a mental disorder.