02/13/2012 12:09 EST | Updated 02/14/2012 05:27 EST

Dead Bullied Boy's Statements To Be Heard In Court (VIDEO)


A judge has ruled that written statements will be allowed as evidence against a boy charged with bullying and robbing Mitchell Wilson, an 11-year-old Pickering, Ont., boy who took his own life.

Justice Mary Teresa Devlin ruled Monday that statements Wilson made to police will be admitted — including one that identified his alleged attacker — who is now 13 and cannot be named because of his age.

The teen, who was 12 at the time of the attack, was charged with robbery and assault causing bodily harm.

The Crown alleges that Wilson, who suffered from muscular dystrophy and used a walker, was bullied and attacked in November 2010. He was walking in his neighbourhood and allegedly attacked and robbed of his father's iPhone. Wilson suffered broken teeth in the attack.

Wilson was found dead the following September with a plastic bag tied around his head. He had taken his own life after learning he would be required to testify against his alleged attacker.

Craig Wilson, Mitchell's father, has said his son suffered panic attacks and severe depression following his assault. Wilson said his son was afraid to face his alleged attacker in court.

Defence argued against use of written statements

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

The defence argued against the admission of Wilson’s written statements because Wilson can’t be cross-examined.

Had the judge ruled against allowing the written statements as evidence, the case likely would not have proceeded.

Members of Wilson's family told CBC News they were "extremely relieved" that their son's case would go to trial.