OTTAWA - A Nova Scotia reservist who successfully appealed his conviction in the shooting death of a fellow soldier in Afghanistan in 2007 will face a new court martial.
The Defence Department said Friday that Matthew Wilcox, who was a corporal, will face the same charges of manslaughter, criminal negligence causing death and negligent performance of military duty.
No date or place has been set for the new trial. He will be tried by a military judge and a panel of five members of the Canadian Forces.
Wilcox, who is from Glace Bay, N.S., won an appeal of his earlier conviction at the Court Martial Appeal Court after his lawyers complained that the makeup of the military jury was unfair at his trial in Sydney, N.S.
Wilcox was found guilty of criminal negligence causing the death of Cpl. Kevin Megeney, 25, of Stellarton, N.S., and negligent performance of a military duty on July 30, 2009.
Wilcox was found not guilty of the most serious charge of manslaughter.
Military judge Cmdr. Peter Lamont sentenced him to four years in prison and kicked him out of the military.
Wilcox has been living with his parents in Glace Bay under court-imposed conditions since December when he was released from prison pending appeal.
In the appeal, Wilcox's legal team argued the military panel hearing the case should have consisted of five members, instead of only four. One member on the panel was excused due to a conflict with a work commitment but he wasn't replaced with an alternate.
Lamont decided the trial could proceed and that's where the Appeal Court ruled the defendant's right to a fair trial may have been breached.
Wilcox was charged two years ago in the shooting death of Megeney on March 6, 2007.
During his court martial the prosecution put forward the theory that Wilcox and Megeney were playing a game of "quick draw" in their tent at the Kandahar Airfield base when Wilcox's loaded pistol accidentally fired, hitting Megeney in the chest.
The defence claimed it was a case of self-defence.
Wilcox testified he shot "instinctively" against an unknown threat that was pointing a gun at his back inside the tent he shared with Megeney.
