Statements a bullied child gave to police before he took his own life will be admissible in court, a judge ruled Monday.

Before he died, Mitchell Wilson, 11, gave four statements to police identifying a schoolmate who allegedly attacked him on Nov. 1, 2010.

Wilson took his own life last September after receiving a subpoena to testify against his attacker.  

That schoolmate, who can’t be identified under the Youth Criminal Justice Act, is on trial for robbery and assault causing bodily harm.

Justice Mary Teresa Devlin will announce her verdict on March 5 after the Crown and the defence gave their closing arguments Monday.

The defence had argued the evidence was inadmissible, since Wilson could no longer be cross-examined.

The Crown argued that the evidence is reliable, as Wilson “had the opportunity to observe his attackers, had eye contact with the boy he pointed out in his school, and confirmed that he was 100 per cent sure of the identification.”

During closing statements Monday, the defence argued that the Crown did not “prove either offence and [therefore the accused] should be found not guilty.”

Outside the courtroom Monday, Mitchell Wilson’s father Craig told CityNews he was “relieved” about Devlin’s decision.

A national anti-bullying charity, BullyingCanada, also commended Devlin's decision.

Wilson, who had muscular dystrophy, routinely took walks in his neighbourhood to slow the progress of the debilitating disease. On Nov. 1, 2010, he borrowed his dad’s iPhone so he could listen to music and call home about dinner.

The accused, who was 12 years old at the time, allegedly jumped him for the phone and slammed his mouth into the pavement, breaking his teeth.

The boy was arrested the next day, charged and ordered to stay 500 metres away from Mitchell — an order he breached at least twice.
 
After relentless bullying by friends of the accused, Wilson stopped sleeping and suffered anxiety attacks. He got counselling and was paired with a Grade 8 student to protect him.

He no longer walked alone, and his mobility declined to 20 per cent over the summer.

Then on Labour Day, Wilson was served with a subpoena to appear in court on Sept. 28, 2011, to face his accused.

Instead of testifying, he took his life later that night, suffocating himself with a plastic bag over his head.

With files from Lakshine Sathiyanathan