Court Martial Attorney – Court martial to begin in death of Stellarton soldier
Transcontinental Media
SYDNEY – A young Glace Bay reservist accused of manslaughter in the death of one of his comrades will find out this morning what evidence military judge Cmdr. Peter Lamont will allow during his court martial.
Cpl. Matthew Wilcox, 23, a member of the 2nd Battalion of the Nova Scotia Highlanders, is charged in the shooting death of Cpl. Kevin Megeney in Afghanistan in March 2007.
He also faces charges of criminal negligence causing death and negligent performance of duty.
Both Wilcox and Megeney, of Stellarton, were alone in a tent on the Kandahar airfield base when a single shot was fired from Wilcox’s 9-mm army-issued handgun.
It’s been nearly 10 months since the original charges were laid in a military courtroom at the army garrison in Sydney.
Following several pre-trial hearings in January, February, March and May, the voir dire hearing involving the admissibility of evidence began June 1.
There has been a publication ban on the proceedings until the voir dire process wraps up, expected later today.
Closing arguments for the prosecution and defence have been lengthy, leading to a delay to the start of the trial with the four-member military panel.
The defence completed its closing arguments late Tuesday night.
Defence lawyer Maj. Stephen Turner introduced an application Wednesday, which is included under the ban, before Lamont adjourned the court for the day.
It is expected the military panel will be sworn in today and the prosecution will then open its case.
The court martial could hear from 59 witnesses before the trial concludes.
Originally it was expected the trial would last up to five weeks, but there are indications it could run through the first two weeks in August.
Megeney family hoping
STELLARTON – The family of Cpl. Kevin Megeney is a bit relieved now that the court martial into his death is beginning this week.
Cpl. Megeney’s uncle, George, said on Wednesday morning that there’s “a feeling of relief” and that it’s another step along a painful road.
“It’s been a long process. It’s been over two years since Kevin was killed. Hopefully, it’ll bring closure for the family after the trial.”
Cpl. Matthew Wilcox, 23, is charged with manslaughter and criminal negligence and negligent performance of duty in the March 6, 2007, shooting death of 25-year-old Cpl. Megeney. The shooting occurred when both men were in their tent at the Kandahar Airfield in Afghanistan.
The court martial was expected to begin hearing evidence on Wednesday morning but that was postponed for one more day as the military judge Cmdr. Peter Lamont said he needed time to consider pre-trial arguments on admissibility of evidence. The court recessed until this morning.
Cpl. Megeney’s parents, Dexter and Karen, are attending the proceedings at the Victoria Park Garrison in Sydney. George Megeney said he is going to keep in touch with his brother to follow the proceedings until he can attend them himself for the final few days.
George Megeney was in the military for nine years, the latter part of his service he spent in the military police. Over that time he was involved in “quite a few” court martial proceedings but said there’s no way to tell which was Wilcox’s trial will turn out.
“You can’t predict the outcome.”
Michael Waddington is a court martial lawyer – court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States. military-defense-lawyer-recentcases.htm.
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