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Cpl Wilcox court martial - Sydney NS

"The applicant was an outstanding soldier, both before and after the incident which resulted in these convictions,"

Yes because "outstanding soldiers" always turn about and blow away a brother-in-arms when they hear weapons cocking in their tent lines in a secure camp. Unlike half-ass soldiers who would waste time  identifying  the threat before firing when reacting to a not out of the norm sound.
 
I'd really like to stomp the guts out of this POS.  What word means "biggest embarassment ever"?  The guys in 2NSH must be happy to have this gutless fagola wearing their uniform on national TV...not to mention the fact that everyone and their dog in the Forces watching this will associate this piece of crap to that Bn for however long...
 
Eye In The Sky said:
I'd really like to stomp the guts out of this POS.  What word means "biggest embarassment ever"?  The guys in 2NSH must be happy to have this gutless fagola wearing their uniform on national TV...not to mention the fact that everyone and their dog in the Forces watching this will associate this piece of crap to that Bn for however long...

No kidding...

@#$ing  +100 to that one...

EITS you may have to stand in line though... I bet there are alot of us in uniform who would love to have a shot at this Crap-Rat.....

talk about not owning up to what he did... I bet the Delusional prick has been spewing his BS version of the story for so long he is actually starting to belive it....

Wilcox... do us all a favor and go step in front of a Bus.... You are not one of us.....
 
N.S. soldier who killed comrade free pending appeal


A soldier who fatally shot his close friend in Afghanistan in 2007 is being released from a Nova Scotia prison pending his appeal before the Court Martial Appeal Court of Canada.

Defence lawyer Lt.-Col. Troy Sweet said Matthew Wilcox will leave Springhill penitentiary and begin living with his parents in Glace Bay, N.S., by late Monday or early Tuesday.

Wilcox was sentenced by a military judge to four years in jail and dismissed from the military after he was found guilty of criminal negligence causing death and neglect of military duty in the shooting of Cpl. Kevin Megeney.

Megeney died on an operating table in Kandahar after Wilcox fired a bullet through his chest on March 6, 2007.

Wilcox's lawyers have filed an appeal of his conviction and sentence, arguing that the makeup of the military jury was unfair and that its members should have been permitted to view the scene of the shooting in Kandahar.

However, military judge Cmdr. Peter Lamont ruled during sentencing on Sept. 30 that Wilcox would have to go to prison until the appeal is heard by three Federal Court judges.

But on Monday, those judges ruled Wilcox should be free until they hear the appeal.

Sweet said his client was "pleased by the outcome" after spending 60 days in the military prison in Edmonton and more than a week at the Springhill prison.

Pattern of negligence

Wilcox will have to sign undertakings to remain with his parents, be of good behaviour, report to police when required and attend court when required.

The defence lawyer said the Federal Court judges ruled that the military judge "didn't go into sufficient detail with respect to why it was necessary to keep [Wilcox] in custody at this time."

During the court martial, Lamont said the conduct of the offender was part of a pattern of negligence that began with Wilcox's failure to unload his firearm after he finished his shift. He said Wilcox had "violated the trust" of his colleagues and he referred to the shooting in the tent as being the result of "horseplay" with arms.

However, defence lawyers argue in the notice to appeal that there were numerous legal flaws in the court martial. The appeal document states that the military jury should have had five members, rather than the four who were chosen, and it should have included another non-commissioned officer.

The defence lawyers are also arguing that the court martial should have been held in Afghanistan so the military jury could view the scene of the crime.
 
I know he is just doing his job but I would really like to argue with the defence lawyer
 
Stoker said:
However, defence lawyers argue in the notice to appeal that there were numerous legal flaws in the court martial.
So they're not arguing against the substantive points of the case -- Wilcox is still just as guilty today, but their complaints are against convening lawyers. Fine, leave Wilcox in jail and let the lawyers fight out the technicalities (at their own expense), and if found in error, sentence the offending lawyers
 
helpup said:
I know he is just doing his job but I would really like to argue with the defence lawyer

I'd like to play quick draw with one of his family members and see how willing he is to defend this Crap-Rat after that.....

They are arguing technical details at this point... the Clown is still guilty.......

Sheesh...
 
Wilcox wins appeal in Afghan shooting
New court martial ordered for reservist

Original link

By The Canadian Press
Wed, Oct 20 - 4:53 AM

SYDNEY — A Nova Scotia reservist convicted of fatally shooting a fellow soldier in Afghanistan in 2007 has won his appeal of convictions for criminal negligence causing death and negligent performance of a military duty.

In its order issued Monday, the Court Martial Appeal Court of Canada set aside Cpl. Matthew Wilcox’s guilty verdict and ordered a new general court martial on the two charges.

Wilcox, who’s from Glace Bay, was found not guilty of the most serious charge of manslaughter.

The ruling also states the new trial will be presided over by a judge other than military judge Maj. Peter Lamont, who sentenced Wilcox to four years in prison at the court martial last year.

Wilcox’s lawyers filed an appeal, arguing the makeup of the military jury was unfair and that its members should have been permitted to view the scene of the shooting at Kandahar Airfield.

Cpl. Kevin Megeney, 25, of Stellarton, died on an operating table in Kandahar after Wilcox fired a bullet through his chest March 6, 2007.

Based on several soldiers’ testimony over the course of the trial, Lamont said he was satisfied Wilcox and Megeney "were engaged in a consensual game of quick draw" inside the tent they shared.

During the sentencing hearing, the judge said Wilcox violated the trust of his colleagues with his pattern of "negligent behaviour" in Afghanistan by failing to unload his weapon at the main gate to Kandahar Airfield.

Lawyer David Bright, who represented Wilcox on appeal, said Lamont erred in not placing an alternate member on the military panel hearing the case.

There were supposed to be five panel members — the equivalent to jurors in the civilian court system — to decide Wilcox’s fate. One member of the panel was excused due to a conflict with work commitments and he wasn’t replaced.

"As a consequence it may have affected the fairness of the trial and thus a new trial was warranted," Bright said in an email to the Cape Breton Post.

Wilcox, now 25, was released from the Springhill penitentiary on Dec. 7, 2009, pending appeal. He has been living with his parents in Glace Bay under court-imposed conditions.

By that point Wilcox had already spent 60 days in the military prison in Edmonton and more than a week at the Springhill prison.

Bright said his client is "pleased with the result" but uncertainty remains with a new trial likely to happen.

National Defence spokesman Andrew McKelvey said in an email late Tuesday that a response from the department on the case would likely come today.

Karen Megeney, the slain soldier’s mother, spoke Tuesday in her first media interview since the Wilcox court martial began.

Canadian Forces personnel prevented the media from asking the Megeney family questions during and immediately after the trial and sentencing phase had ended.

Megeney, contacted at her home in Stellarton, told the Post she was unaware Wilcox had won his appeal.

The news of possibly having to relive the evidence in a new trial had made her anxiety rise "a little high," she said.

She said her family was well prepared for the possibility of a successful appeal.

"If somebody does something wrong, then you have to accept your punishment. That’s just the way it is," Megeney said.
 
Occam said:
"If somebody does something wrong, then you have to accept your punishment. That’s just the way it is," Megeney said.
Apparently, Wilcox's lawyer disagrees.


Edit: coffee hadn't kicked in yet  :-[

 
News Room
Ex-Corporal Wilcox To Face New General Court Martial
NR-10.132 - October 29, 2010


OTTAWA – Ex-Corporal Matthew Wilcox will face a new General Court Martial in relation to the shooting death of Corporal Kevin Megeney in Afghanistan in March 2007.

The proceedings in ex-Corporal Wilcox’s first court martial, which were held in Sydney, Nova Scotia, concluded on September 30, 2009.  Following an appeal to the Court Martial Appeal Court (CMAC), the findings of guilt were set aside on October 18, 2010, and the CMAC directed that a new trial be held.  The Director of Military Prosecutions (DMP) subsequently reviewed the case and on October 29, 2010, decided to proceed with, and forwarded to the Court Martial Administrator (“preferred”), the following charges:

one count of Manslaughter, contrary to Section 130 of the National Defence Act, pursuant to Section 236(a) of the Criminal Code;
one count of Criminal Negligence Causing Death, contrary to Section 130 of the National Defence Act, pursuant to Section 220(a) of the Criminal Code; and
one count of Negligent Performance of a Military Duty, contrary to Section 124 of the National Defence Act. 
The charges are identical to the charges on which ex-Corporal Wilcox was originally tried.  The first two charges are again laid in the alternative to each other. 

The Court Martial Administrator will convene a General Court Martial, which is composed of a military judge and a panel of five members, at the first available date and at a location to be determined. 

A backgrounder with more information regarding the preferral of these charges against Ex-Corporal Wilcox can be found here: http://www.forces.gc.ca/site/news-nouvelles/news-nouvelles-eng.asp?cat=00&id=3631



News Room
Ex-Corporal Wilcox
BG–10.032 - October 29, 2010


On October 25, 2007, the Canadian Forces National Investigation Service (CFNIS) charged ex-Corporal Matthew Wilcox, a former 2nd Battalion Nova Scotia Highlanders (Cape Breton) soldier, with manslaughter, criminal negligence causing death, and negligent performance of a military duty. 

General Court Martial proceedings began on Monday, November 24, 2008, at the Sydney Garrison, in Sydney, Nova Scotia.  On July 30, 2009, the General Court Martial panel found ex-Corporal Wilcox guilty of criminal negligence causing death and negligent performance of a military duty.  As a result of the conviction on the criminal negligence causing death charge, the alternative charge of manslaughter was ‘stayed’ by the panel.  In accordance with Queen’s Regulations and Orders, where the court finds the accused guilty of one of the alternative charge(s) it must direct that the proceedings be stayed on any other alternative charge(s) if the evidence proved the offence. Such a stay does not have the effect of a finding of not guilty until the alternative charge on which the accused has been found guilty is finally disposed of. 

On September 30, 2009 a sentence of imprisonment for four years and dismissal from Her Majesty’s service was imposed by the presiding Military Judge.  Ex-Corporal Wilcox filed a Notice of Appeal on September 30, 2009 and, on December 7, 2009, the Court Martial Appeal Court (CMAC) ordered that he be released from custody pending appeal.

On October 18, 2010, CMAC allowed the appeal, set aside the convictions and directed a new trial.  That decision was based upon a review of written submissions from counsel for ex-Corporal Wilcox and for the Director of Military Prosecutions (DMP) and a joint memorandum reflecting the fact that the DMP conceded a ground of appeal.  That ground related to an error of law made at trial regarding the constitution of the court martial panel; an error which had “a potentially substantial effect on the fairness of the trial.”

The DMP, who is appointed by and acts on behalf of the Minister of National Defence (MND), is a key actor in the military justice system.  The DMP’s statutorily prescribed roles and responsibilities under the National Defence Act include: “preferring” all charges to be tried by court martial; the conduct of all prosecutions at courts martial; and acting for the Minister in respect of appeals.  The DMP exercises independent prosecutorial discretion in relation to specific cases on behalf of Her Majesty and the MND.  With respect to an order for a new trial made by the CMAC, DMP is required to review the case to determine whether the charges ought to be proceeded with. 

 
"One member of the panel was excused due to a conflict with work commitments and he wasn’t replaced."

How incompetent can a Court possibly be.
Would that alone not constitute "negligent performance of a military duty" ?
Is it the same Court that would decide if they themselves were negligent ?

Of course none of which would actually make XCpl Wilcox any less guilty.



 
Way to go legal system. I'm sure they put a lot of thought into the Megeney family trying to get over this. Maybe someone should get sued for undue suffering this may be causing them.
 
Personally, I believe that having a fair trial is paramount in all cases.  I feel bad for the Megeney family having to endure another trial.  My question is, who will be made accountable for letting this situation occur and how will it be prevented from occurring in the future?
 
http://www.google.com/hostednews/canadianpress/article/ALeqM5jEr392Cw6oTjNS9wlRNUI71ndGYA?docId=6680499



Manslaughter charge thrown out at ex-soldier's second court martial

By Alison Auld, The Canadian Press – 17 minutes ago

HALIFAX — A military judge has dismissed a manslaughter charge against a former soldier charged in the fatal shooting of a fellow reservist in Afghanistan.

In his ruling on Wednesday, Lt.-Col. Louis-Vincent d'Auteuil says the court does not have the jurisdiction to proceed with the charge against Matthew Wilcox of Glace Bay, N.S.

Wilcox is facing a second court martial in the shooting death of Cpl. Kevin Megeney, 25, of Stellarton, N.S., in the tent the two men shared at Kandahar Airfield in 2007.

He has pleaded not guilty to charges of criminal negligence causing death and negligent performance of a military duty.

Wilcox, who was a corporal, was found guilty in July 2009 of criminal negligence and negligent performance of duty at his first trial. The manslaughter charge against him was stayed by a military jury.

However, the Court Martial Appeal Court of Canada set aside the guilty verdict last year after Wilcox's lawyers argued the makeup of a military jury was unfair. The appeal court ordered a new trial in the death of Megeney, who died on March 6, 2007.

Defence lawyer David Bright argued that the manslaughter charge was put before the original trial as an alternative to the charge of criminal negligence causing death.

At the time, prosecutors said the two charges were considered different versions of manslaughter and carried the same penalty. The military jury was told it had to choose one or the other in its deliberations.

But Bright told d'Auteuil that the appeal court had only directed a retrial on criminal negligence causing death and negligent performance of a military duty, and there were no legal grounds that allow the judge to bring back the manslaughter charge.

Military prosecutor Cmdr. Rob Fetterly said he should still have the choice of prosecuting both manslaughter and criminal negligence, arguing that was the implied intent of the appeal court when it ordered a new trial.

The judge agreed with Bright, saying the appeal court didn't explicitly direct the court to hear the manslaughter charge.

During the original trial, the prosecution put forward the theory that Wilcox and Megeney were playing a game of "quick draw'' in their tent at the Kandahar Airfield base when Wilcox's loaded pistol accidentally fired, hitting Megeney in the chest.

Wilcox said it was a case of self-defence, testifying that he shot "instinctively'' against an unknown threat that was pointing a gun at his back inside the tent he shared with Megeney.

Wilcox was sentenced to four years in prison and kicked out of the military at his first court martial.

Copyright © 2011 The Canadian Press. All rights reserved.

 
shared from the Cape Breton Post

A part of the retrial wraps up this week, and halt until resuming 5 Dec 2011.

Despite having five weeks set aside for the trial this spring, and due to scheduling conflicts additional time of two days were added in August, as well as the last two weeks, the trial will once again be postponed following court on Friday.

Tamburro said presiding military judge Lt.-Col. Louis-Vincent d’Auteuil heard the availability of both legal teams on Tuesday.

There is no final determination yet, however the court is looking at reserving the weeks of Dec. 5 and Dec. 12, in order for the defence to submit evidence if it chooses to do so and for final submissions, Tamburro said.

The trial began April 25, but he defended the length of time it has taken to prosecute the case.

“We haven’t called all the witnesses that were called in the first case, but of course there are things that come up during the course of a trial that can’t be contemplated in advance,” he said.

“And that would be legal arguments that weren’t necessarily contemplated and various counsel not being available on certain days tend to lengthen things beyond what you would have expected.”

Defence lawyer David Bright turned down a request for an interview.

more at link
 
I know he has been discharged, but in the case of being found not guilty (which I highly doubt) would that reinstate him since he is no longer guilty?
 
November 3, 2011 - 4:25am By MICHAEL MACDONALD The Canadian Press

A former Canadian reservist charged in the shooting death of a fellow soldier in Afghanistan testified in his own defence Wednesday, saying he fired his weapon instinctively when he thought someone was pointing a gun at his back.

Matthew Wilcox of Glace Bay is charged in the death of Cpl. Kevin Megeney at Kandahar Airfield on March 6, 2007.

Wilcox, who is facing a second court martial in the case, told the military court he had neglected to remove a loaded magazine from his 9-mm Browning pistol before entering a tent he shared with Megeney, a friend from Stellarton.

Under cross-examination, Wilcox admitted he could have removed the magazine several times before entering the tent, but he failed to do so — a violation of an order that stated Canadian military personnel could not carry loaded weapons inside the base.

Wilcox testified he was unloading gear in the tent when he heard the sound of a pistol being readied for firing.

"I heard the slide of a pistol being loaded, and out of the corner of my eye I could see a pistol," he told the court. "As I was turning, I fell backwards, pulled my pistol, cocked it and fired."

The former corporal with the 2nd Battalion, Nova Scotia Highlanders said his reaction time was little more than one second.

"Everything happened so quickly, I didn’t have a thought," he said, adding that he immediately dropped the gun and ran to help his friend as he slumped to the ground, a bullet wound in his chest.

"I did call for help. I can’t remember the exact words."

Megeney, 25, died a short time later in a nearby military hospital tent.

When defence lawyer David Bright asked his client if he had told other soldiers that he and Megeney were playing a game of "quick draw" when the gun went off, Wilcox denied saying that to anyone.

However, Wilcox confirmed that he told one friend that he had heard rumours to that effect.

When Bright asked Wilcox why he fired his gun, Wilcox replied: "I had a pistol pointed at me, sir."

Wilcox, 26, has pleaded not guilty to criminal negligence causing death and negligent performance of a military duty.

He was sentenced to four years in prison and kicked out of the military after he was found guilty of the two offences following a court martial in 2009.

That verdict was set aside last year and a new trial ordered after Wilcox’s lawyers argued the makeup of the military jury was unfair.

The panel had four members instead of the usual five because one was excused due to a conflict with a work commitment.

The second court martial started in April.

During his testimony Wednesday, Wilcox offered short, direct answers to all questions in a manner consistent with military training.

Dressed in an off-white shirt and striped tie, Wilcox still looks like a soldier. His hair is close-cropped and he stands at attention when the military judge enters and leaves the courtroom.

When Bright asked him how he felt after the shooting, Wilcox replied in a monotone.

"Horrible, sir," he said. "Kev was a really good guy. I can’t really explain how I feel, sir."

He said a military doctor has diagnosed him with post-traumatic stress disorder.

Wilcox told the court he is now taking a cabinet-making course at Nova Scotia Community College.

He joined the reserves in 2003 and was deployed to Afghanistan in December 2006. While at the base, Wilcox was responsible for guarding one of the main gates.

Wilcox testified at length about his military training, including a reference to the most important thing he learned about handling weapons: "Never point the weapon at someone you don’t intend to shoot."

Article Link: http://thechronicleherald.ca/novascotia/28938-ex-reservist-firing-was-instinctive
 
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