Emotions high as soldier's family testifies
Last Updated: Saturday, September 12, 2009 | 12:07 AM AT
CBC News
Relatives of Cpl. Matthew Wilcox, a soldier convicted in the death of his comrade, leave his sentencing hearing in Sydney, N.S., on Friday. (Andrew Vaughan/Canadian Press) The final day of testimony at the sentencing hearing of a Nova Scotia soldier who killed his comrade in Afghanistan two years ago ended Friday night, with defence lawyers asking for a sentence of 12 months in a military prison and a demotion in rank for their client.
The court was adjourned until Sept. 29, when the military judge hearing the case, Cmdr. Peter Lamont, will deliver a sentence in Sydney.
Cpl. Matthew Wilcox, 24, of Glace Bay, was convicted in July of criminal negligence causing death and negligent performance of a military duty in the shooting death of Cpl. Kevin Megeney, 25, of Stellarton.
Cpl. Matthew Wilcox, a 24-year-old soldier from Glace Bay, N.S., was convicted in July of criminal negligence causing death and neglect of duty. (Andrew Vaughan/Canadian Press) Earlier in the day, Wilcox's father, Keith Wilcox, told the court that life for his family has been difficult since the 2007 incident. He said his son rarely sleeps and has nightmares when he does.
He said he's worried his son will kill himself.
Ann Wilcox described her son as a broken man, and said she feels helpless. "There's something wrong and we can't fix it," she said.
She broke down and cried during her testimony as she tried to apologize to the Megeney family. Stifling sobs, she said, "We just wanted them to know how sorry we are."
Later, several members of the Wilcox and Megeney families stood teary-eyed and hugged each other before leaving the courtroom for a break.
Conflicting testimony
Matthew Wilcox was convicted in July for shooting Megeney in the chest at Kandahar Airfield in 2007.
The prosecution maintained that Wilcox and Megeney were playing a game of quick-draw. Wilcox, however, claimed he acted in self-defence when he heard a weapon being cocked behind him and fired his gun instinctively.
Wilcox testified that it was only when he saw the body on the ground that he realized it was Megeney, his close friend and tentmate.
Earlier Friday, two military officers testified as character witnesses for Wilcox.
Master Warrant Officer James Clive Samson and Capt. Russell Gallant described the reservist as a young man of strong character, and said they would not hesitate to take him back into the Canadian Forces once he served his sentence.
On Thursday, Dexter Megeney testified he lost one of his best buddies the day his son died. He said he had planned to help his oldest child put new wheels on his truck and eventually drive across Canada.
Sentencing options
Wilcox faces a maximum sentence of life in prison. However, the prosecution team has said that it will not seek the harshest penalty.
Defence lawyer Lt. Col. Troy Sweet told the court Wilcox should be sentenced to a year in a military prison and demoted to the rank of private. He said his client should be allowed to return to the Canadian Forces after serving that sentence.
"In that way, he could be a walking example to other soldiers," Sweet said.
Prosecutors had previously told the military court that Wilcox should be sentenced to six years in prison, reduced in rank to private and be dismissed from the military.
"This is the least punishment necessary to maintain discipline in the Canadian Forces," Samson said.
He said a stiff sentence will "send a clear message to those soldiers contemplating unsafe weapons handling."
With files from The Canadian PressShare Tools
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