Cpl Wilcox court martial - Sydney NS

[GAP]

Soldier charged in shooting of colleague
Last Updated: Thursday, October 25, 2007 | 1:17 PM AT CBC News
Article Link

An army reservist from Glace Bay, N.S., has been charged with manslaughter in the shooting death of a fellow Canadian soldier in Afghanistan in the spring.

Cpl. Matthew Wilcox is also charged with criminal negligence causing death and negligent performance of duty.

On March 6, Cpl. Kevin Megeney was shot in the chest while in his tent at the Kandahar airbase.

The military called it an accidental shooting, and the Megeney family stated they did not wish to see charges laid against the soldier involved.

There is no word on when Wilcox's military trial will be held.

Wilcox is with the 2nd Battalion, Nova Scotia Highlanders, based at Victoria Park in Sydney.

Megeney, a reservist from Stellarton, N.S., was a member of the 1st Battalion, Nova Scotia Highlanders and had been in Afghanistan since December.
More on link

 

[bilton090]

  That's the way it should be !, it's not a accidental shooting, it's a N.D ( Negligent Discharge ), your a soldier and you should know the state of your weapon at all times.
Besides it was on the KAF, no mags on the weapon and no rounds up the spout.
What makes it worst, is one of us, shooting one of us. ( F**king no way that should have happened ).

          RIP- Cpl Megeney

 

[PMedMoe]

Besides it was on the KAF, no mags on the weapon

Really?  We had mags on the weapon at all times when I was there (Roto 0 Nov 05-Feb 06).

 

[vonGarvin]

  That's the way it should be !, it's not a accidental shooting, it's a N.D ( Negligent Discharge ), your a soldier and you should know the state of your weapon at all times.

Keeping in mind that the soldier is alleged to have commited an ND, hold off on making judgements. 
(put your helmets on: war story).
We had a GPMG fire off about 16 rounds.  IMMEDIATELY the person on the gun was convicted by consensus, until it was discovered that he was not at fault: it was a faulty sear that caused the run away gun.

 

[geo]

From a personal perspective, this is something that Cpl Wilcox is going to have to live with for the rest of his life.

Kudos to the family for declaring that they do not wish the military to prosecute BUT, I agree with Bilton, this has got to be done - regardless of how unpleasant this is to everyone.

 

[bilton090]

Keeping in mind that the soldier is alleged to have commited an ND, hold off on making judgements. 
(put your helmets on: war story).
We had a GPMG fire off about 16 rounds.  IMMEDIATELY the person on the gun was convicted by consensus, until it was discovered that he was not at fault: it was a faulty sear that caused the run away gun.

  I was over there at the time !!!  DELETED BY MOD

    roto 03/07 no mags on weapons in KAF


Edited by Roy Harding to remove possible persec violation

 

[vonGarvin]

Ok, so to me that sounds as though that should be EVIDENCE at the trial, not fodder for an open-source forum.

Mods: Feel free to delete his post.

 

[GAP]

  I was over there at the time !!!  DELETED BY MOD

    roto 03/07 no mags on weapons in KAF

Did this not happen in Roto 01/07?

 

[PMedMoe]

Did this not happen in Roto 01/07?

March 6, 2007 whatever Roto that was.

 

[GUNS]

Very unfortunate for all those concerned.

As was stated earlier, Military Justice has to be uphelded, regardless of how people feel.

 

[bilton090]

Did this not happen in Roto 01/07?

            Mar 07

 

[jswift872]

roto 3, task force 1/07..... the numbers are being thrown out there and hurting my head...
anyway, on a more serious note. I agree that this should be done, but at the same time, Cpl. Wilcox is going to have to live with this forever, and that is quite a burden. Nonetheless RIP  Cpl Kevin Megeney

 

[medaid]

I shall echo the thoughts and feelings of the many. Like them, I also think we must let justice run its course. Rarely will you find families of the deceased even on civi street wanting to not press charges.the problem with this is that the justice system whether it be civilian or military there must be sufficient evidence prior to proceeding with trial. Obviously there were enough evidence to proceed to trial in this case, guilt or innocence shall be established in the courts, and we shall see then. In the mean time we should ease up on the speculations. Those in the know should also try and refrain from discussing the facts or otherwise about the case.RUMINT has its uses... Sometimes its not too good.

Just my 0.02 Rupees. 

 

[old medic]

Father of soldier killed by comrade now has closure

Updated Fri. Oct. 26 2007 6:25 PM ET
CTV.ca News Staff
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20071025/soldier_father_071026/20071026?hub=Canada

The father of a Canadian soldier who was accidentally killed by one of his comrades in Afghanistan says it's time to move on.

Cpl. Matthew Wilcox faces charges of manslaughter, criminal negligence causing death and negligent performance of duty in connection with the March 2007 death of Cpl. Kevin Megeney.

A Canadian Forces news release Thursday stated that a National Investigation Service probe found that Megeney was killed by gunfire from a firearm allegedly held by Wilcox.

The two men were friends.

Dexter Megeney, the father of the killed soldier, told CTV's Canada AM the charges provide a form of closure.

"For me personally, I think it's over now, knowing that he's been charged. And that's just me. My wife and daughter feel differently, but for me it's over," he said, speaking from New Glasgow, N.S.

Wilcox, of Glace Bay, N.S. is a reservist in the 2nd Battalion, Nova Scotia Highlanders. Megeney, of Stellarton, N.S., served with the 1st Battalion, Nova Scotia Highlanders.

Megeney said military officials came to his home on Thursday to tell him about the charges. No details have been shared with him about the specifics of the charges, but he said he expects more information to come out during the trial.

Investigators have not said why there was a loaded gun in the tent at the time of Megeney's death.

Megeney said he met Wilcox and his father at his son's grave. It was a difficult encounter.

"Matthew Wilcox was very emotional there and my wife gave him a hug, but I couldn't look at him. I turned my back, it was too early," he said, adding that the past months have been "rough, very hard."

Megeney described his son as polite, giving, and exceptional.

"And he wanted to join the Canadian Forces to make a difference, and he felt like he was making a difference while he was there."

Megeney was the 45th Canadian soldier to die in Afghanistan since 2002. Since his death, another 26 have died.

 

[IN HOC SIGNO]

Saw Lew MacKenzie on TV being interviewed last night and he was saying the same thing as many here. Military regs must be respected and we must find out if this is negligent use of a weapon and enforce the regulations. My heart goes out to the families of both soldiers whose lives have been severely changed by this incident.

 

[The Bread Guy]

Let's remember folks:

1)  no speculation, please; and
2)  anyone charged with any crime, military of civilian, is to be considered INNOCENT until proven guilty.

Soldier Will Face Charges in Shooting Death
CF news release NR-08.045, 21 Jul 08
Release link - en français (.pdf attached if English link doesn't work)

"OTTAWA –Lieutenant Colonel Bruce MacGregor, the Canadian Forces acting Director of Military Prosecutions (DMP), has preferred charges of Manslaughter, Criminal Negligence Causing Death and Negligently Performing a Military Duty against Corporal Matthew Wilcox in the shooting death of Corporal Ronald Kevin Megeney.

On March 6, 2007, while deployed to Afghanistan, Cpl Megeney was killed in a shooting incident. On October 25, 2007, the Canadian Forces National Investigation Service (CFNIS) brought charges against Cpl Wilcox. These charges were then referred to the DMP by the chain of command on December 13, 2007.

The charges of Manslaughter, contrary to Section 236(a) of the Criminal Code and the charge of Criminal Negligence Causing Death, contrary to Section 220(a) of the Criminal Code, are incorporated from Section 130 of the National Defence Act. The charge of Negligent Performance of Duty is contrary to Section 124 of the National Defence Act.

Military prosecutors consider two main issues when deciding whether to prosecute a charge at court martial: whether the evidence is sufficient to provide a reasonable prospect of conviction and whether the public interest requires a prosecution be pursued. They continually reassess these issues as new information about the case becomes available.

The charges were forwarded to the Court Martial Administrator who will convene a General Court Martial at the first available date.

-30-

Notes to editors: The DMP policy on post charge screening is at:
http://www.forces.gc.ca/jag/military_justice/cmps/policy_and_directives/policy3_e.asp. "

 

[GAP]

Cpl. faces court martial in comrade's shooting death
Updated Mon. Jul. 21 2008 9:22 PM ET The Canadian Press
Article Link

OTTAWA -- The military will go ahead with prosecution of a Canadian army corporal facing multiple charges in the March 2007 shooting death of a comrade in Afghanistan.

Cpl. Matthew Wilcox was charged last October with manslaughter, criminal negligence causing death and negligently performing a military duty in the death of Cpl. Kevin Megeney.

The head of military prosecutions decided to proceed after considering whether there was enough evidence for a court martial.

"Military prosecutors consider two main issues when deciding whether to prosecute a charge at court martial: whether the evidence is sufficient to provide a reasonable prospect of conviction and whether the public interest requires a prosecution be pursued," said a statement Monday from the office of Lieutenant Colonel Bruce MacGregor, the Canadian Forces acting Director of Military Prosecutions.

"They continually reassess these issues as new information about the case becomes available."

The charges against Wilcox were "preferred" by MacGregor, a term used when an accused person is forwarded to the next step in the court martial process.

The decision whether to proceed with a trial is a touchy one for the military, as the wrong call could undermine the confidence of Canadians in the military justice system.

Megeney died in his tent March 6, 2007, at the NATO base in Kandahar after what the military called an accidental shooting.

The Defence Department confirmed at the time that the Stellarton, N.S., native was shot in the chest.

In a story written for the magazine Mother Jones, Dr. Kevin Patterson described in excruciating detail the desperate attempts to save Megeney's life after a bullet entered his right chest, just below his armpit.

Patterson said Megeney had no pulse when he was brought into the base hospital at Kandahar.

Megeney's uncle said the family felt for the shooter and his loved ones.

A general court martial will be convened at the first available date
end

 

[Eye In The Sky]

While I believe military justice and discipline is paramount, I can't help but feel for the families of both the soldiers, and the other mbr's of their platoons and Bn's.  Their Pl WO is a close friend of mine, and I remember the look on his face the day of the funeral for Cpl Megeney. 

A necessary process that has to be followed thru. 

RIP Cpl Megeney 

 

[ENGINEERS WIFE]

Soldier playing game when comrade was shot: lawyer
Updated Thu. Jun. 25 2009 1:18 PM ET

The Canadian Press

SYDNEY, N.S. -- The lead prosecutor in a case involving a Canadian soldier charged with fatally shooting a fellow reservist in Afghanistan says the death occurred when the accused was playing a game with a loaded weapon.

Lt.-Cmdr. Robert Fetterley made the assertion in his opening statement today to a military panel hearing the court martial of Cpl. Matthew Wilcox of Glace Bay, N.S., who has pleaded not guilty to manslaughter, criminal negligence causing death and negligently performing his military duty.

Fetterley says the prosecution will show Wilcox did not follow proper safety procedures when he carried a loaded 9-millimetre handgun into a tent he shared with Cpl. Kevin Megeney of Stellarton, N.S.

Megeney was killed by a single shot to the chest on March 6, 2007.

It was the first time details of the prosecution's case have emerged in the military courtroom, set up at the Victoria Park Garrison in Sydney.

Fetterley says the evidence will show Wilcox had loaded the weapon with a magazine, while the safety catch was not engaged, before the weapon went off "while playing a game in a tent" in Kandahar.


http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20090625/afghan_panel_090625/20090625?hub=TopStories


Mods, please move is not in the right spot.

 

[dapaterson]

Certain preliminary motions have been decided in this case; they can be read online at:

http://www.jmc-cmj.forces.gc.ca/dec/2009/wilcox-ma-eng.asp

One issue rejected was the question of including class A reservists in the available pool from which panel members are selected; this had been previously discussed in R. v Middlemiss and rejected.  (See http://www.jmc-cmj.forces.gc.ca/dec/2009/middlemi-rj-eng.asp for details).  In this case, the judge, Cdr Lamont, deferred to that decision and rejected the appeal.  Which is quite odd, as Col Dutil, the judge in Middlemiss, stated:

There is certainly serious policy considerations that would strongly militate in favour of including members in Class "A" Reserve Service in the pool of sufficient eligible members, which would enhance the efficiency of the court martial process, in particular in the case where the accused is a member of the Reserve.

Strange how a judge can cite a case as reason for dismissing a challenge, when that case argues against his own conclusion.