The lead military police officer investigating the death of Cpl. Kevin Megeney said yesterday in Sydney there were significant mistakes made early on in the case.

“Releasing the crime scene would have been the big one,” Master Cpl. Evan Foster, of the National Investigation Service, said during his day-long examination by prosecutor Lt.-Cmdr. Robert Fetterly.

Foster was the first Canadian military police officer to arrive on scene at a tent on the Kandahar Airfield base..


Cpl. Matthew Wilcox, a 24-year-old reservist with the 2nd Battalion of the Nova Scotia Highlanders, is on trial at Victoria Park garrison facing charges of manslaughter, criminal negligence causing death and negligent performance of duty in the death of Megeney, 25, of Stellarton.

Foster began taking photographs outside the tent at 7:52 p.m. – more than an hour after the incident happened.

He then entered the tent, taking photos methodically from the left side to the right side. Foster scoured the floor and table in search of the bullet with no success. At 9:04 p.m., he authorized the release of the scene back to the soldiers who had been living there.

Military police officer Cpl. Steven O’Doherty returned to the tent after 11 p.m. to retrieve the bullet and other items found on a table.

In comparing photos of the items he found at the scene against those taken by O’Doherty hours later, Foster testified that several items had been moved on the table, leading to possible contamination of evidence.

Foster said he didn’t touch the objects on the table in the first place because he didn’t want to “disturb anything.”

Foster is the prosecution’s final witness.

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