Daily Mirror (Northern Ireland)
EX-SOLDIER GUILTY OF KILLING AIDAN
Former squaddie had claimed man was shot accidentally but judge dismisses his account
A FORMER soldier was yesterday found guilty of killing a man 34 years ago.
David Jonathan Holden, 53, had denied the gross negligent manslaughter of Aidan Mcanespie.
The 23-year-old was killed in Aughnacloy, Co Tyrone, in February 1988 seconds after walking unarmed through a checkpoint while on his way to a local GAA club. He was fatally shot in the back.
Holden was an 18-year-old Grenadier Guard at the time.
During his non-jury trial, he denied deliberately aiming his gun at Mr Mcanespie, saying the shooting was “accidental’’.
He added his finger was only on the trigger for “seconds” and his hands were wet from cleaning duties.
Holden, whose address was given as Chancery House, Victoria Street, Belfast, said after the weapon discharged three rounds he did not know if anyone had been struck and he could no longer see Mr Mcanespie as he had gone into a “blind spot”.
Holden also confirmed Mr Mcanespie was a “person of interest” to the security forces.
He checked Mr Mcanespie’s car registration and it “came back as a tax rep”. He added: “A ‘tax rep’ is a terrorist or suspected terrorist.”
In his ruling, Mr Justice O’hara said Holden’s “wet hands’’ theory was a “significant departure” from what he told RUC detectives in 1988.
He added: “His explanation in the witness box as to how the weapon came to be fired was unconvincing.
“I conclude that it is a deliberately false account of what happened.
“I disbelieve his evidence the machine gun needed to be centralised in case it was needed for future use at the precise time Mr Mcanespie, and Mr Mcanespie alone, was walking along the road. That is too remarkable a coincidence.
“I disbelieve his evidence he did not look to see if the bullets fired had hit Mr Mcanespie.
“There are numerous reasons for disbelieving that proposition. One, it is one thing to discharge a weapon accidentally, that is bad enough, but to discharge a weapon and injure or kill someone makes a bad situation worse.
“I find the defendant’s evidence untruthful when he says he only learned later that night that Mr Mcanespie had been killed.
“I find beyond reasonable doubt the defendant assumed that the weapon was not cocked.
“He knew Mr Mcanespie was a person of interest and was tracking his movements.
“He aimed the weapon in Mr
I conclude it was a deliberately false account of what happened MR JUSTICE O’HARA BELFAST CROWN COURT
Mcanespie’s direction who was moving and the only person on the road.
“The defendant deliberately pulled the trigger and to his shock rounds were discharged.
“He knew he had hit Mr Mcanespie as he could see him.”
Mr Justice O’hara said Holden should not have assumed that the weapon was not cocked, adding: “That was not a safe assumption.
“The risk of death was serious and obvious. How could it not be given the nature of the weapon? In my judgment he is, beyond any reasonable doubt, criminally culpable [for the death of Mr Mcanespie].
“The weapon he controlled was lethal in the extreme and the risk of disaster was so great.
“I find the defendant guilty of the manslaughter of Aidan Mcanespie by gross negligence.”
Holden was released on continuing bail. A plea and sentence hearing will take place on January 27.
Outside court, the victim’s brother Sean, who was visibly emotional, said: “We have been waiting for this for 34 years. We never thought we would get it but we got it.
“My mother and father prayed for this day and are not here to see it. “As a family we are very relieved and happy. Family, cousins, the community and relations helped us through this.
“We would also like to thank the media for helping us along as well.”
Paul Young, spokesperson for Justice for Northern Ireland Veterans group, told reporters: “I am saddened by the verdict but it is not over for
David [Holden] because his legal team will appeal the decision.
“The witch hunt continues. That’s why we support the legacy bill that is going through parliament now which will stop any further prosecutions of veterans that have previously been investigated.”
Grainne Teggart, of Amnesty International, who has been supporting the family, said the judgment “must sound the death knell” for the legacy bill.
She added: “It cannot be right the Government decides who gets justice for serious crimes such as manslaughter, murder and torture.”