Landmark case sees veteran convicted of 1988 Ulster killing
A FORMER Grenadier guardsman has been found guilty of shooting a man dead at a checkpoint in Northern Ireland 34 years ago.
In a landmark case, David Holden, 53, was convicted of manslaughter following the death of 23-year-old Aidan McAnespie in County Tyrone in 1988.
A judge, sitting without a jury at Belfast Crown Court, found that Holden was ‘criminally culpable’ for firing his machine gun by accident in an act of ‘gross negligence’. He will be sentenced next year.
The former soldier, who may appeal, had said he thought the weapon was not cocked.
The Holden case is one of a series of high-profile prosecutions of Northern Ireland veterans that have enraged Britain’s military community. These included Dennis Hutchings, 80, who died last year while on trial over a fatal shooting in 1974.
At the time of his court hearing, the former Life Guard was suffering from kidney disease and required daily dialysis. He died in a hospital in Belfast.
The latest trial concerned events at an Army checkpoint in 1988.
Mr McAnespie, 23, was shot in the back by a ricocheting bullet as he walked through the checkpoint on his way to a Gaelic football match. Holden said he fired accidentally because his hands were wet from cleaning duties.
Mr Justice O’Hara said: ‘It is suggested on his behalf it was not exceptionally bad or reprehensible for him to assume the weapon was not cocked. I fundamentally disagree.
‘The defendant should have appreciated at the moment he pulled the
‘The witch-hunt continues’
trigger that if the gun was cocked, deadly consequences might follow. The defendant took an enormous risk in circumstances where he was under no pressure and in no danger.’
In his written judgment, the judge said Holden had broken two ‘golden rules’, which included never aiming a weapon unless intending to fire and never increasing the risk of negligent discharge.
Supporters of the former Grenadier gathered outside the court. Paul Young, spokesman for the Northern Ireland Veterans Movement, said: ‘For us, the witch-hunt continues. That’s why we support the legacy Bill going through Parliament which will stop further prosecutions of veterans who have previously been investigated. Veterans will be deeply disappointed by this verdict. I’m saddened by it.
‘The terrorists have effectively got an amnesty, with letters of comfort, royal pardons. So I hope the Bill will be passed next year.’
The Northern Ireland Troubles (Legacy and Reconciliation) Bill proposes an effective amnesty for those suspected of killings during the conflict – as long as they co-operate with investigations by an independent commission. The Bill would also prohibit future civil cases and inquests related to the Troubles.
Mr McAnespie’s brother Sean said: ‘I’m thinking of my father and mother, who prayed for this day. They’re not here to see it. As a family, we are very relieved and happy.’