Military judges' impartiality challenged

Published: Jan. 13, 2009 at 1:29 PM

SYDNEY, Nova Scotia, Jan. 13 (UPI) -- Lawyers representing a Canadian soldier accused of killing a comrade in Afghanistan have challenged the impartiality of military judges.

The manslaughter trial of Cpl. Matthew Wilcox is under way in Sydney, Nova Scotia, and defense attorney Maj. Stephen Turner is seeking to have the trial terminated based on the system in which judges don't have tenure, the Canadian Broadcasting Corp. reported.

Military judges are appointed to 5-year terms and must seek reappointment, which Turner said makes them susceptible to "looking over their shoulder" out of concern of their jobs, the CBC said.

Wilcox is charged in the shooting death of a tent mate and fellow reservist at Kandahar Airfield in March 2007. In addition to manslaughter, he also faces charges of criminal negligence causing death and negligent performance of duty. If convicted, he could face a life prison sentence, the report said.

Initially investigators ruled the shooting accidental, but Wilcox was charged seven months later.

Turner told the CBC it wasn't known when the judge would rule on his motion to terminate the trial.

© 2009 United Press International, Inc. All Rights Reserved.
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