N.S. reservist headed to prison, but length of time still unknown

SYDNEY, N.S. — A military judge said Tuesday the sentence for a Nova Scotia reservist, who killed a fellow soldier in Afghanistan more than two years ago, will definitely be longer than two years in prison.

Cpl. Matthew Wilcox, 24, of the 2nd Battalion Nova Scotia Highlanders, expected to hear his fate Tuesday.

But military judge Cmdr. Peter Lamont — who hinted during Tuesday's hearing he will dismiss Wilcox from the military. — delayed his sentencing by one day.

In July, the Glace Bay, N.S. native was found guilty of criminal negligence causing death and negligent performance of duty for shooting his friend, 25-year-old Cpl. Kevin Megeney of Stellarton, N.S., with his Browning 9-millimetre pistol on the evening of March 6, 2007 at the Kandahar Airfield.

The most serious charge of manslaughter was stayed by the four-member military panel.

A three-day sentencing hearing was held earlier this month, and Lamont chose to reserve his decision on sentencing until Tuesday. However, during Tuesday's hearing Lamont posed several questions to the prosecution and defence counsels.

Lamont asked defence lawyer Lt.-Col Troy Sweet how much time Wilcox should spend in prison.

Sweet responded by saying the type of facility, whether it be a provincial or federal institution, depends on the length of imprisonment. "It depends if it's two years less a day or not," Sweet told the court.

After Lamont said the sentence will definitely be longer than two years in prison, several Wilcox family members began to sob.

Wilcox's girlfriend broke down outside the court, holding on to her mother for comfort.

The defence had asked for 12 months served in a Canadian Forces prison, and a demotion in rank from corporal to private.

The prosecution wants Wilcox to serve six years in prison, of which nine months would be served in the military service prison.

Prosecutor Maj. Jason Samson said during the sentencing hearing, held Sept. 9-11, that Wilcox would benefit from time in a civilian prison because he would be able to apply for parole after 18 months.

Sweet also indicated his client would want to be placed in a federal institution "as early as possible."

Other questions still weighing on the judge's decision include the length of time Wilcox should be banned from using or possessing firearms, ammunition and explosives, as well as the possession or handling of prohibitive weapons such as an army-issued rifle.

Defence lawyer Maj. Stephen Turner suggested a 10-year to lifetime bans on those weapons would effectively act as a dismissal from the Canadian Forces.

The court martial sentencing decision will reconvene at 10 a.m. local time Wednesday at the Victoria Park garrison in Sydney.