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
A former Canadian reservist charged in the shooting death of a fellow soldier in Afghanistan testified in his own defence Wednesday, saying he fired his weapon instinctively when he thought someone was pointing a gun at his back.
Matthew Wilcox of Glace Bay, N.S., is charged in the death of Corporal Kevin Megeney at Kandahar Airfield on March 6, 2007.
Mr. Wilcox, who is facing a second court martial in the case, told the military court he had neglected to remove a loaded magazine from his 9-mm Browning pistol before entering a tent he shared with Cpl. Megeney, a friend from Stellarton, N.S.
Under cross-examination, Mr. Wilcox admitted he could have removed the magazine several times before entering the tent, but he failed to do so — a violation of an order that stated Canadian military personnel could not carry loaded weapons inside the base.
Mr. Wilcox testified he was unloading gear in the tent when he heard the sound of a pistol being readied for firing.
"I heard the slide of a pistol being loaded, and out of the corner of my eye I could see a pistol," he told the court. "As I was turning, I fell backwards, pulled my pistol, cocked it and fired."
The former corporal with the 2nd Battalion, Nova Scotia Highlanders said his reaction time was little more than one second.
"Everything happened so quickly, I didn't have a thought," he said, adding that he immediately dropped the gun and ran to help his friend as he slumped to the ground, a bullet wound in his chest.
"I did call for help. I can't remember the exact words."
Cpl. Megeney, 25, died a short time later in a nearby military hospital tent.
When defence lawyer David Bright asked his client if he had told other soldiers that he and Cpl. Megeney were playing a game of "quick draw" when the gun went off, Wilcox denied saying that to anyone.
However, Mr. Wilcox confirmed that he told one friend that he had heard rumours to that effect.
When Mr. Bright asked Mr. Wilcox why he fired his gun, Mr. Wilcox replied: "I had a pistol pointed at me, sir."
Mr. Wilcox, 26, has pleaded not guilty to criminal negligence causing death and negligent performance of a military duty.
He was sentenced to four years in prison and kicked out of the military after he was found guilty of the two offences following a court marshal in 2009.
That verdict was set aside last year and a new trial ordered after Mr. Wilcox's lawyers argued the makeup of the military jury was unfair.
The panel had four members instead of the usual five because one was excused due to a conflict with a work commitment.
The second court marshal started in April.
During his testimony Wednesday, Mr. Wilcox offered short, direct answers to all questions in a manner consistent with military training.
Dressed in an off-white shirt and striped tie, Mr. Wilcox still looks like a soldier. His hair is close-cropped and he stands at attention every time the military judge enters and leaves the small courtroom.
When Mr. Bright asked him how he felt after the shooting, Mr. Wilcox replied in a monotone.
"Horrible, sir," he said. "Kev was a really good guy. I can't really explain how I feel, sir."
He said a military doctor has diagnosed him with post traumatic stress disorder
Mr. Wilcox told the court he is now taking a cabinet-making course at Nova Scotia Community College and hopes to find work in that field.
He joined the reserves in 2003 and was deployed to Afghanistan in December 2006. While at the base, Mr. Wilcox was responsible for guarding one of the main gates.
Mr. Wilcox testified at length about his military training, including a reference to the most important thing he learned about handling weapons: "Never point the weapon at someone you don't intend to shoot."
Court heard that Canadian military personnel at Kandahar Airfield had to carry an unloaded weapon and a full magazine at all times, unless they were bathing or taking part in physical education.
But Mr. Wilcox testified that he noticed some of his comrades had been careless with their weapons.