A court appearance by a 12-year-old boy accused of bullying a schoolmate with muscular dystrophy was delayed on Wednesday after the Crown said it wasn't ready to proceed so soon after the victim's suicide.
Eleven-year-old Mitchell Wilson, who suffered from muscular dystrophy, was attacked in November while out on a walk through his Pickering neighbourhood.
His face was smashed into the pavement and an iPhone he had borrowed from his father was stolen.
Muscular dystrophy is a muscle disorder that gets worse over time and often leaves the afflicted paralyzed. Doctors had told Wilson to walk as often as he could.
His father says the attack left his son depressed and fearful to go out by himself, or to face the accused.
"It was a fearful day for him. It would have been a tough day for him to come," Craig Wilson told reporters outside an Oshawa courthouse on Wednesday.
Wilson's grandmother broke down in tears outside the courthouse while describing the pain he had gone through.
"It isn't OK to beat up a little kid and get away with it. You can't do that, it just isn't right," Pamela Wilson told reporters.
"It has broken my heart to lose my grandson. He was my only grandchild, he was just special. I feel like he touched us for a while; he was an angel."
An obituary said Wilson died suddenly at his Pickering home on Sept. 6 – one day after he was subpoenaed to testify against the alleged attacker.
With no one to testify at the trial, it was expected that the charge of assault would be dropped. The delay will now give the Crown time to find another way to enter Wilson's evidence onto the record.
Craig Wilson had asked to be allowed to read a victim impact statement into the record at court.
"I can't do anything for my child anymore, so let's hope we save some other people's children so they don't have to go through this mess," he said.
A new trial date has been set for Monday, Nov. 21.
With files from CTV Toronto's Zuraidah Alman
