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Cpl Wilcox court martial - Sydney NS

I had posted earilier that I was tasked to review and prepare comments on the unit's investigation of the 1993 death of a soldier in 3 Commando in Somalia for the DCDS. A major finding of the summary, for that was the instrument used, was that the published weapons handling drills were incorrect and this led to the negligent discharge. Bear with me, I did this in 1993 so my recollections are not 100% on this. However my assessment that it was a case of negligence and not faulty drills was supported.

I fully support David and Roy in their assessments.
 
War vet's conviction sparks firearms investigation
By THE CANADIAN PRESS    2nd October 2009

HALIFAX — The Canadian Forces is investigating whether firearms were misused based on videos entered as evidence at the recent court martial of a soldier convicted of accidentally shooting his tentmate in Afghanistan.

Col. Tom Stinson, commander of 36 Brigade Group, will do the investigation in the aftermath of Matthew Wilcox’s conviction in the death of Cpl. Kevin Megeney of Stellarton, N.S.

Stinson is the commander of all reservists in Nova Scotia and Prince Edward Island.

Wilcox, 24, of Glace Bay, N.S., was sentenced to four years in prison earlier this week.

His defence team first disclosed the videos during his court martial on July 9.

In one clip, taped in 2006 while reservists were on exercises at CFB Wainwright in Alberta, a friend of Megeney’s is shown holding a pistol to the head of his section commander.

Several soldiers can be heard laughing in the background as the weapon is pointed.

A second video shows the soldier putting together a 9-millimetre pistol, pointing it at the camera and pulling the trigger.

Wilcox was convicted in July of criminal negligence causing death and neglect of duty.

On Wednesday, the military judge who heard the case, Cmdr. Peter Lamont, also dismissed Wilcox, who was a corporal, from the military.

The judge said Wilcox’s “critical carelessness” was part of a pattern of negligence that began with his failure to unload his firearm after he finished his shift guarding the main gate at the Kandahar Airfield on March 6, 2007.

When he took the stand in his own defence earlier this year, Wilcox testified he fired his 9-millimetre pistol in self defence, believing somebody was cocking a gun at his back when he turned and fired without looking.

Lamont said he believed evidence from soldiers who testified that Wilcox had told them he was playing a game of quick draw with Megeney when his gun went off.
 
This should be a wake up call for NCO's there is no tolerance, nor should there be for horseplay with Wpns. 

 
helpup said:
This should be a wake up call for NCO's there is no tolerance, nor should there be for horseplay with Wpns.

Not just NCO's, all members of the CF.  NCO's do not have a monopoly when it comes to unsafe acts with wpns.  All ranks, all Trades, must be cognisant of their actions.
 
I am Glad George answered that one.  I had a comment but held my tongue.  I agree....its an ALL PERS issue on Tour or Training.
 
Having worked for/around Col Stinson before, I was glad to see his name in the article.  I am sure some people on here may have worked with him in his Reg Frce days and since his CT to the Reserves. 

I wish the reporters would get the details straight before they publish articles though. 

 
Come in EITS...we know (and read with Sarcastic tone) they are as accurate as can be.  If they were many people would have nothing to Rant about.
 
George Wallace said:
Not just NCO's, all members of the CF.  NCO's do not have a monopoly when it comes to unsafe acts with wpns.  All ranks, all Trades, must be cognisant of their actions.

Agreed George but NCO's are suppose to be the backstop for ensuring things are done right and safely.  And my referance was to the video where a NCO was present when horseplay was video taped.
 
Yes it is everyone's irregardless of rank to ensure competent, safe and professional weapons drills at all times.

I think what help up is getting at  is that NCOSare the usual weapons instructors on BMQ  and need to to make this aspect clear from day one. This is a weapon and it has but one purpose as already noted. Failing to use proper drills and treat the weapon with respect has dire consequences.

Were I still serving I would seriously think on incorporating  some aspects  of this sad tale into my lesson plan for safety precautions as a reaosn why we do them.
 
absolutely right Danjan, we are the first line as instructors but through out anyone career a NCO is the ones expected to enforce proper wpns handling and respect for any and all Wpns systems.  Troops are troops and never underestimate the ability of them to be stupid however one of the reasons we have NCO's it to ensure proper drills and handling proceedures are carried out.  That NCO in the video clearly forgot that and just wanted to be one of the boys.
 
Just wondering, will he serve his 4 years in federal prison? or in a military prison?
 
As this has been answered before, and the details of how much time that a member CAN serve in a Military Detention Barracks has been covered, I might as well point you back to the beginning of this topic and let you read it through again.

 
George Wallace said:
As this has been answered before, and the details of how much time that a member CAN serve in a Military Detention Barracks has been covered, I might as well point you back to the beginning of this topic and let you read it through again.
Sorry I read it twice and couldn't find the answer?
 
"N.S. soldier who shot comrade in Afghanistan seeks release pending appeal: HALIFAX, N.S. - A soldier who fatally shot his close friend in Afghanistan in 2007 has applied to be released from prison pending his appeal before the Court Martial Appeal Court of Canada.":
http://ca.news.yahoo.com/s/capress/091123/national/cda_afghan_shooting
 
So if he appeals this, and is in fact temporarily released, then gets convicted again will he not have to start his sentence from scratch?
 
Chapeski said:
So if he appeals this, and is in fact temporarily released, then gets convicted again will he not have to start his sentence from scratch?

Not quite.  If released, then the appeal is successful, then tried again, then sentenced, the defence cousel during sentencing arguments will point out that he has already served XX days; the judge, in his sentencing decision, will indicate that he would have awarded ZZZ as a sentence, but taking into account his prior imprisonment of XX days has reduced the sentence to YYY.
 
The same story from the CTV link

"The behaviour in question was out of character for the applicant and unlikely to be repeated."
You think? So as long as a convicted killer promises not to shoot any more of his friends, it's OK?

The defence lawyers are also arguing that the court martial should have been held in Afghanistan, so that the military jury could view the scene of the crime.
To what possible end? (Other than increasing the costs and getting the JAG an Afghan gong). Would the jurors, seeing that the tent was actually dusty, change the verdict?


Ambulance-chasing lawyers  ::)
 
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