A former British soldier has been found guilty of killing 23-year-old Aidan McAnespie at an army checkpoint in Northern Ireland nearly 35 years ago.
The zealous Jonathan Holden, 53, on trial at Belfast Crown Court for the manslaughter of Mr McAnespie in February 1988, is the first British army veteran to be convicted of a historic offense in Northern Ireland since the Good Friday Agreement.
Mr McAnespie was killed in Aughnacloy, Co Tyrone, shortly after passing through a border security checkpoint. He was on his way to a local GAA club when he was shot in the back.
Holden had admitted firing the shot that killed Mr McAnespie but said he accidentally fired the gun because his hands were wet.
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Aidan McAnespie’s brother Sean and sister Margo react at Laganside Courts in Belfast, where former Grenadier Guardsman David Holden has been found guilty of killing Mr McAnespie at an army checkpoint in Tyrone more than 30 years ago. Photo: Liam McBurney/PA
Aidan McAnespie’s brother Sean and sister Margo react at Laganside Courts in Belfast, where former Grenadier Guardsman David Holden has been found guilty of killing Mr McAnespie at an army checkpoint in Tyrone more than 30 years ago. Photo: Liam McBurney/PA
But trial judge Mr Justice O’Hara said he was “convinced beyond a doubt” that Holden was guilty of manslaughter by gross negligence.
He found that Holden had aimed a machine gun at Mr McAnespie and pulled the trigger while assuming the gun was uncocked.
He said: “That assumption should not have been made.”
He also said the former soldier “deliberately misrepresented” what happened.
In delivering his sentence, the judge said: “The question for me is – how culpable is the defendant in the circumstances of this case?
“In my estimation he is punishable without any reasonable doubt.”
The judge said the weapon Holden controlled was “extremely deadly.”
He added: “It is implied in his name that there was nothing exceptionally bad or reprehensible about assuming the gun was uncocked. I fundamentally disagree.
“In my opinion, this was the ultimate no-risk situation because the risk of catastrophe was so great.
“The defendant should have realized the moment he pulled the trigger that fatal consequences could result if the gun were cocked.
“It’s not something you only see in hindsight.”
“The defendant took an enormous risk without reason, in circumstances where he was neither under pressure nor in danger,” he said.
“In view of the foregoing, I find the defendant guilty of the grossly negligent manslaughter of Aidan McAnespie.”
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Aidan McAnespie’s brother Sean (left), his cousin Brian Gormley and Amnesty International’s Grainne Teggart outside Laganside Courts in Belfast after the verdict. Photo: Liam McBurney/PA
Aidan McAnespie’s brother Sean (left), his cousin Brian Gormley and Amnesty International’s Grainne Teggart outside Laganside Courts in Belfast after the verdict. Photo: Liam McBurney/PA
Holden is a former member of the Grenadier Guards from England whose address is given in court documents as c/o Chancery House, Victoria Street, Belfast.
The case was tried in the format of a Diplock court without a jury session.
Holden supporters gathered every day outside the courthouse where the trial was taking place.
The trial came amid ongoing controversy over the UK government’s plans to deal with crimes committed during the riots.
The Northern Ireland Troubles (Legacy and Reconciliation) Bill proposals offer effective amnesty for those suspected of killings during the conflict if they agree to work with a new body known as the Independent Commission for Reconciliation and Information Recovery ( ICRIR) is known.
The bill would also ban future civil trials and investigations related to troubles crimes.
The Holden case is one of a series of high-profile prosecutions of British Army veterans prosecuted in Northern Ireland in recent years.
https://www.independent.ie/irish-news/courts/ex-british-soldier-found-guilty-of-killing-aidan-mcanespie-23-at-army-checkpoint-in-tyrone-34-years-ago-42174862.html Ex-British soldier found guilty of killing Aidan McAnespie, 23, at army checkpoint in Tyrone 34 years ago
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