A young boy accused of bullying 11-year-old Mitchell Wilson before he killed himself was found not guilty in an Ontario court Monday.

The 13-year-old boy, who cannot be publicly identified, was acquitted in Oshawa, Ont., on assault and robbery charges.

Wilson committed suicide on Sept. 6, 2011, one day after he was subpoenaed to testify against the accused and the day he was set to return to school after summer break.

Police had alleged that the suspect attacked Mitchell while he was out for a walk in November 2010, slamming the boy's head against the sidewalk and stealing his iPhone.

Wilson suffered from muscular dystrophy.

His father, Craig Wilson, said Mitchell never recovered psychologically from being assaulted and regularly suffered from anxiety attacks.

In February, Justice Mary Theresa Devlin decided that testimony Wilson gave to his stepmother and police before his death would be allowed into evidence.

Devlin indicated at the time that her decision to enter the statements into evidence did not mean that she accepted the statements as fact.

In the statements, Mitchell identifies the 13-year-old as one of the two boys who jumped and robbed him of his dad's iPhone while he was out walking in his neighbourhood.

One of the officers who took a statement from Wilson testified that Wilson identified the boy out of class photos and told him he was "100 per cent" certain he'd picked the right suspect.

In her decision on Monday, Devlin said that while she was confident that Wilson believed he had correctly identified his attacker, witness testimony can be subject to human error.

She said she could not find the accused guilty based on Wilson's testimony alone.

Family members, including father Craig Wilson, said they understand that studies show eyewitness testimony to be unreliable.

"It still makes the person not guilty because that's all we had," a sombre Craig Wilson told CTV's Omar Sachedina after the verdict was handed down.

"So whether Mitchell was going to be here or not today is irrelevant because all we had was eyewitness testimony."

Outside court, Craig Wilson said the judge "followed the law right to the letter. I don't think Mitchell would have liked to see the law bent for his own benefit. We walked out respectfully with our heads held high."

Wilson told Sachedina that he hopes his son's plight encourages others to become more aware of bullying, and to treat others with kindness.

"I hope they get that being a bully and being mean and being unkind to other people for no particular reason other than that they're different than you or I just doesn't suit any purpose," Wilson said. "It doesn't suit what today's society needs to be for everybody to get along."

With files from CTV Toronto's Zuraidah Alman