Corey Stibbard's trial was supposed to be over last month, but a witness who claimed to have new information prevented that from happening.
Corey Robinson, 33, of Barrie says he read a news article online and realized he had seen the incident in which Stibbard is accused of breaking the leg of Riley Dooley.
Stibbard was with Dooley, a student with autism, during a field trip at a dollar store in 2014.
“Look he said he saw, what he saw and will be for the judge to consider all of the evidence and decide what believes or doesn't believe,” says defence attorney Mitch Eisen.
What Robinson told the court he saw was Dooley trying to punch and kick Stibbard and Stibbard blocking the kick with the bottom of his foot.
“It looked like self-defence to me," Robinson said in a statement to police released in court on Thursday.
Robinson's version of events is similar to the story Stibbard has gone with more recently, although Stibbard originally claimed Dooley slipped and fell. However, the Crown questioned Robinson's credibility in what it called "inconsistencies" in his story.
"You can't remember where you worked that day, but you can remember what colour footwear someone was wearing?" the Crown asked.
The Dooley family says they can't wait for the lengthy trial to be over.
“It was frustrating because we were expecting a verdict that day, but it’s smart I think everybody should be heard in the matter before he releases his verdict because we don't want anybody coming back saying it was an unfair trial,” says Patty Dooley.
Both the Crown and defence made their final submissions on Thursday. The judge is expected to deliver his decision in a Barrie court room on Dec. 22.
