Cpl. Matthew Wilcox of Glace Bay, N.S., is followed by family members at his court martial in Sydney, N.S. on June 23, 2009. The reservist faces charges in the shooting death of another Canadian soldier in Afghanistan.ANDREW VAUGHAN
The uncle of a soldier killed by his tentmate in Afghanistan says the trial was difficult on the family as Cpl. Kevin Megeney's parents heard stories "that no parent ever wants to hear about a child that died in that manner."
George Megeney described the verdict that convicted Cpl. Matthew Wilcox of criminal negligence causing death as a just decision, but he said the public should remember the loss remains a huge blow for the closely knit Megeney family.
"At some point, Cpl. Wilcox will return to his family. Kevin is gone forever. He will never return to his family," he said Friday from his home in Stellarton, N.S.
Mr. Megeney, a former soldier and police officer, often mentored his 25-year-old nephew during his eight years as a reservist.
Cpl. Wilcox, 24, was also convicted on Thursday of neglect of duty for firing his Browning 9-mm at Cpl. Megeney's chest in their tent at Kandahar Airfield on March 6, 2007. Cpl. Megeney died 30 minutes after he was shot in a trauma unit.
During his testimony, Cpl. Wilcox said he has grieved for the loss of his "closest friend in the military" since shooting Cpl. Megeney.
Asked if family members have been able to forgive Cpl. Wilcox, a native of Glace Bay, N.S., Mr. Megeney said "it's not so much a question of forgiveness."
"I have always believed the person responsible must pay a penalty for their own actions. ... I don't hate Cpl. Wilcox, I just believe he was justly convicted and he must pay a penalty."
For nine weeks, Cpl. Megeney's parents sat quietly at the front of the court martial, often holding hands, as they listened to conflicting theories on how their son died.
The prosecution called witnesses who said Cpl. Wilcox had told them he was playing a game of quick draw in the tent with Cpl. Megeney to see who could draw their pistol fastest.
When he testified last week, Cpl. Wilcox said he shot in self-defence, believing that somebody was pointing a gun at his back.
Mr. Megeney said he didn't fully believe Wilcox's explanation.
"Kevin isn't here to tell his side," he said.
"In truth, we'll never fully know what happened in that tent."
Mr. Megeney said he has had experience with guns as both a soldier and police officer.
"To point a loaded firearm in a tent at anyone, it's an absolute neglect of duty," he added. "As a soldier I was taught never to point a firearm and as a police officer the same training applies."
A sentencing hearing for Cpl. Wilcox is scheduled to begin Sept. 9.
The maximum sentence for criminal negligence causing death is life in prison, but the prosecution and defence have said they are in talks for a lesser sentence.
Cpl. Wilcox's parents have been unavailable for comment following the trial.
Defence lawyer Lt.-Col. Troy Sweet said it is "a private matter they're dealing with in their own way."
Lt.-Col. Sweet said he is recommending an appeal.
Lt.-Col. Sweet says the appeal would be based on legal grounds, including the make-up of the military panel that sat as a jury in the case.
He said one of the defence's "major concerns" was the manner in which the panel was put together by the Court Martial Administrator.
The panel had three officers and one sergeant-major on it, and the defence argued that it should have had a fifth member who was of the same rank as Wilcox. The panels normally have five members on them.
"In this case, we weren't able to begin the trial with five panelists. We had to begin with four.... We challenged at the time, and we made submissions to the court and those weren't ruled in our favour," said Lt.-Col. Sweet.
He said the defence can launch their appeal within 24 hours of the sentence.