Former British soldier convicted of manslaughter of Catholic man during Troubles in 1988

A former British soldier has been found guilty of the manslaughter of a Catholic man shot dead in Northern Ireland in 1988 during the Troubles.

David Holden becomes the first veteran to be convicted of a historical offence since the 1998 Good Friday Agreement.

Aidan McAnespie was killed in Aughnacloy, County Tyrone, 34 years ago after walking through a border security checkpoint.

The 23-year-old had been on his way to a Gaelic football match when he was shot in the back.

Holden, who was 18 at the time serving with the Grenadier Guards, had admitted firing the shot which killed Mr McAnespie, but had said he had discharged the weapon by accident because his hands were wet.

The 53-year-old had denied the charge of gross negligent manslaughter during his non-jury trial at Belfast Crown Court.

But trial judge Mr Justice O’Hara said he was satisfied beyond reasonable doubt that Holden was guilty.

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He found Holden had pointed a machine gun at Mr McAnespie and pulled the trigger, while assuming the gun was not cocked.

He told Belfast Crown Court: “That assumption should not have been made.”

He also said the former soldier had given a “deliberately false account” of what happened.

The judge said: “The question for me is this – just how culpable is the defendant in the circumstances of this case?

“In my judgment he is beyond any reasonable doubt criminally culpable.”

Mr Justice O’Hara told Belfast Crown Court: “It is suggested on his behalf that it was not exceptionally bad or reprehensible for him to assume that the weapon was not cocked. I fundamentally disagree.

“In my judgment this was the ultimate ‘take no chances’ situation because the risk of disaster was so great.

“The defendant should have appreciated at the moment he pulled the trigger that if the gun was cocked deadly consequences might follow.

“That is not something which is only apparent with hindsight.

“The defendant took an enormous risk for no reason in circumstances where he was under no pressure and in no danger.

“In light of the foregoing I find the defendant guilty of the manslaughter of Aidan McAnespie by gross negligence.”

During the trial, Holden confirmed he had previously checked Mr McAnespie’s car registration and identified him as a “person of interest” to the security forces.

In his closing submission, Crown counsel Ciaran Murphy QC said: “The one person he was aware of and in whom he had an interest was Aidan McAnespie.

“Of all the areas he could have struck with a ricochet or otherwise, he managed to strike the very target of his surveillance.”

Defence counsel Frank O’Donoghue QC had argued Mr Holden had given a clear account at the time which “could not be disproved and it was not a lying account”.

He claimed there was reasonable probability that the weapon was mistakenly left in a cocked position by a third party and not Mr Holden.

To date, six former soldiers have been charged with historical offences in Northern Ireland but cases against four collapsed and one died while on trial.

Last year, the UK government introduced a bill to address the legacy of the troubles and effectively end the historical prosecution of former British soldiers.

Under the legislation, those who co-operate with investigations led by a new truth recovery body would be granted immunity from prosecution.

But the legislation, offering a conditional amnesty to both former soldiers and former terrorists has been fiercely opposed by all victims.

On Wednesday, the government confirmed it will bring forward amendments, including a “more robust process” around immunity from prosecution.

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