The prosecution for the Cpl. Matthew Wilcox court martial in Sydney expects to close its case against the Glace Bay reservist today.

Master Cpl. Evan Foster, the lead investigator in the case, was called late yesterday afternoon as the last of 25 witnesses for the prosecution heard by a four-member military panel.

Foster testified that one of his first tasks was to seize and secure the two Browning 9-millimetre pistols, magazine with eight rounds, and one loose round of ammunition that had been found in the tent occupied by Wilcox and Cpl. Kevin Megeney at Kandahar Airfield in Afghanistan.


In the chaotic moments following Megeney's shooting in March 2007, the items were taken from the tent and placed in the personal locker of Section 3 commander Sgt. Brad Joyce for safekeeping.

Prosecutor Lt.-Cmdr. Robert Fetterly asked Foster what actions he took once he realized vital evidence had potentially been contaminated.

“(Joyce) told me he touched the guns without wearing gloves,” said Foster, a military police officer with the National Investigation Service since 2005.

Foster said he wanted to prevent any further contamination of the evidence, so he photographed the pistols and ammunition on the spot. “We were trained not to alter any evidence.”

Wilcox, 24, a member of the 2nd Battalion of the Nova Scotia Highlanders, is facing charges of manslaughter, criminal negligence causing death and negligent performance of duty in the death of Megeney, 25, of Stellarton.

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