SYDNEY, N.S. - A defence lawyer says it's important an army corporal facing manslaughter charges in the death of another soldier in Afghanistan "have his day in court" after lengthy pre-trial debates neared their conclusion on Tuesday.
Cpl. Matthew Wilcox of Glace Bay, N.S., is also facing charges of criminal negligence causing death and negligently performing his military duty in the March 2007 death of Cpl. Kevin Megeney of Stellarton, N.S.
Megeney died after he was shot in the chest while in his tent at the NATO base in Kandahar.
Wilcox's military lawyer, Lt.-Col. Troy Sweet, said his client was ready for "the defence point of view to come forward," during a trial that will extend well into the summer.
It's been almost 10 months since the original charges were laid in a military courtroom on the army base in Sydney.
In pre-trial hearings, Wilcox's lawyers had argued that the court process involving their client may be unconstitutional on a number of grounds.
One argument made by the defence questioned whether a lack of judicial independence violates Wilcox's right to a fair trail. The argument wasn't accepted by the military judge, Cmdr. Peter Lamont.
Defence lawyers also recently raised concerns about the size and composition of the military panel, which was reduced from five to four people, comprising three officers and one corporal.
Sweet said in an interview that he challenged the composition of the panel because "we really don't have a panel that is representative of the accused person."
He argued that more non-commissioned officers should be on the panel.
"We were concerned that it put us in a bit of a disadvantage," he said.
Lamont didn't agree with the defence arguments, and the defence is now preparing to make its case before the four people chosen.
Lamont also heard final arguments Tuesday over the admissibility of witness testimony. The details of the voir dire hearing, which continued into Tuesday evening, can't be reported.
The military judge told the defence and prosecution on Tuesday that the panel will be sworn in Wednesday, and it's expected that the prosecution will then begin outlining its case against Wilcox.
Maj. Steve Turner, another defence lawyer, said he expects the prosecution will call 59 witnesses, and estimated the trial will extend through most of July.
"A trial like this is more like a marathon than a sprint," he said outside the hearing. "We're moving on before too much longer to the final stretch."
Megeney's parents declined comment on the case as they left the hearing on Tuesday.
Wilcox, a reservist, was wearing the dress jacket of and regimental kilt of the 2nd Battalion of the Nova Scotia Highlanders of Cape Breton during the hearing.
He sat listening attentively during the final arguments, and was accompanied by his family as he entered and departed the base.
