Judge rules that pre-teen's statements will be admissible in court

TORONTO – A judge in Oshawa has ruled that the written statements from Mitchell Wilson, an 11-year old who took his own life, will be admissible in a case against his alleged bully.

Mitchell Wilson, who took his life in September of 2011, was the key witness in a trial against a boy who was alleged to have bullied, assaulted and robbed Wilson.
After the suicide of Wilson, the crown decided to proceed with the case using written statements that Wilson made to police. The defence for the young offender – who cannot be named due to his age – argued that the written statements, one of which allegedly naming the accused, should not be admissible in court because Wilson can no longer be cross-examined.

Had the judge ruled the statements would not be admissible, the case would likely have not gone any further.

The crown is arguing that Wilson, who suffered from Muscular Dystrophy and used a walker, was bullied by the accused in November 2010.

The case against the accused boy will continue this week.