Court Martial Lawyer – Violations of firearms policy detailed at court martial
by CHRIS SHANNON – The Cape Breton Post
SYDNEY — The top non-commissioned officer of Canadian troops at Kandahar Airfield in 2007 told a military court Monday that he had to speak to the second in-charge of 1 Platoon on three separate occasions about his soldiers violating firearms policy set out by the Canadian Forces.
Master Warrant Officer Kenneth Miles, who acted as the camp sergeant major during his time at KAF from June 2006 to February 2007, testified at the court martial of Cpl. Matthew Wilcox that despite a Canadian policy of carrying unloaded weapons with a magazine at the ready, around the multinational military base, there were some soldiers who disregarded the rules.
Miles said he passed on those concerns to the second-in-command of 1 Platoon Warrant Officer Chris Saunders.
“The policy was for Saunders to remind his soldiers of the policies on base . . . and not to carry a loaded weapon or a mag(azine) in a weapon,” Miles told the court.
The International Security Assistance Force policy gave force exemption status to soldiers in charge of protecting Kandahar Airfield to carry loaded guns, with no rounds in the chamber of the weapon.
And although 1 Platoon had been given force exemption since they were members of force protection company guarding the checkpoint Entry Control Point 3, one of the main gates into the NATO compound, they were dictated by regulations laid out by the Canadian Forces.
Wilcox, 23, of Glace Bay, a member of the 2nd Battalion of the Nova Scotia Highlanders, was a member of force protection company, as was 25-year-old Cpl. Kevin Megeney of Stellarton.
Early on in the trial, testimony suggested the two young men were playing a game of “quick draw” in their tent when a Browning 9-millimetre pistol went off killing Megeney.
Wilcox faces charges of manslaughter, criminal negligence causing death and negligent performance of duty.
Over the last week the defence has looked to portray the Canadian Forces as being cavalier when it comes to weapon safety.
Maj. Stephen Turner showed Miles a photograph of Sgt. Nathan Crosby, a bunkmate of Wilcox and Megeney, pointing a cocked 9-mm pistol at another soldier.
“It’s wrong from the get up,” Miles said during cross-examination. “It shouldn’t be happening in the first place. Whether it’s a sergeant or a private pulling out the pistol, it’s wrong.”
In giving his testimony last week, Crosby admitted it was horseplay but still a serious violation of regulations.
Earlier in the day Monday, the military court heard from the forensic pathologist who conducted the autopsy on Megeney’s body in Toronto five days after his death in March 2007.
Dr. Michael Pollanen, Ontario’s chief forensic pathologist, found no evidence the bullet that struck Megeney was the result of a ricochet.
“I think it’s highly unlikely the bullet struck an intermediate target before entering the body,” said Pollanen, as he looked over a half dozen autopsy photos.
Testimony continues today with a key prosecution witness who found the bullet that killed Megeney.
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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