NEWS

Boy Identified Accused Before Death, Officer Says

02/07/2012 06:36 EST | Updated 02/08/2012 03:35 EST
CBC

The trial of a young man accused of beating and robbing a disabled 11-year-old boy who later took his own life continued Tuesday with testimony from a police officer who investigated the case.

The Crown alleges that Mitchell Wilson, who suffered from muscular dystrophy and used a walker, was bullied and attacked in November 2010. Mitchell was found dead the following September with a plastic bag around his head.

Mitchell took his own life just hours after learning he would be testifying against his alleged attacker, who cannot be named because of his age.

The Crown alleges Wilson had been beaten and robbed. None of the allegations have been proven in court.

The Crown decided to proceed with the case after Mitchell's death using written statements about what happened.

But the court has not yet decided how or if Mitchell's statements may be used.

Durham Regional Police Const. Colin Campbell took the stand Tuesday, and told the court that Mitchell had identified his attacker.

"He told me he was 100 per cent sure," Campbell told the court. "It was [the accused] he was pointing to in the photograph."

But defence lawyer David Maubach asked Campbell why he hadn't recorded in his notes that Mitchell had identified his attacker.

"I've never written it down before," he told the court.

The judge has said she needs more time to decide if Mitchell's written statements are enough to uphold the charges and continue with the trial. Her decision is expected next week.