Former British soldier David Holden convicted of manslaughter of Catholic Aidan McAnespie in 1988 in Northern Ireland
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, which ended decades of conflict.
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 the defendant was guilty.
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.
Aidan McAnespie was on his way to a Gaelic football match when he was shot in the back
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.”
The scene at Aughnacloy border crossing following the fatal shooting. Pic: Pacemaker Press
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 – a fact underlined by the prosecution.
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.”
Speaking outside court, Mr McAnespie’s brother Sean became emotional as he recalled family members who had not lived to hear the judgment.
“We waited 34 years, we never thought we would have got it,” he said.
“I’m thinking of my father and my mother that prayed and prayed for this day, and they’re not here to see it.
“As a family we’re very relieved and happy. We’ve such a big family, cousins, community and relations to help us through this, it took the whole lot to get us over the line.”
Members of McAnespie’s family were in court to hear the guilty verdict
Darragh Mackin, the lawyer for Mr McAnespie’s family, said: “We welcome this decision which gives all victims’ families here hope that the courts remain open to families seeking justice.”
But Paul Young, national spokesman for the Northern Ireland Veterans Movement, said: “Veterans will be deeply disappointed by this verdict, I’m saddened by it, but it’s not over for David yet because his team, as far as I’m aware, are going to appeal the decision, and I think eventually, if necessary, go to the Supreme Court.
“I understand that the family are going to feel completely different to us veterans… but for us, the witch hunt continues.”
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.
A man has been arrested by police investigating a “significant” wildfire that triggered a major incident in Northern Ireland.
More than 100 firefighters and 15 fire appliances were deployed on Saturday to Sandbank Road, Hilltown, to tackle the blaze which is believed to have been caused deliberately, fire chiefs said.
Northern Ireland Fire and Rescue Service (NIFRS) said the fire had a front of approximately two miles “including a large area of forestry close to property”.
It was extinguished at 2.53am on Sunday and the major incident status lifted, the NIFRS said.
“The cause of this fire is believed to have been deliberate,” chief fire and rescue officer Aidan Jennings said.
The Police Service of Northern Ireland said on Sunday that a 25-year-old man had been arrested “on suspicion of arson being reckless as to whether life would be endangered, and non-related driving offences”.
“He remains in custody at this time as enquiries continue into the circumstances surrounding the fire,” the force added.
The wildfire on Sandbank Road, Hilltown. Pic: Sky Watch NI
More than 100 firefighters were at the scene of the fire. Pic: Sky Watch NI
Various fires erupted across England this week amid uncharacteristically warm and dry conditions for the time of year.
On Saturday, helicopters were deployed to tackle Scotland’s fourth wildfire this week, with police saying a blaze “which started in the Newton Stewart area has spread northwards and is expected to reach the Loch Doon area of East Ayrshire around 12am on Sunday”.
Police Scotland added: “As a precautionary measure members of the public are asked to avoid the Loch Doon area and anyone who may be camping in the area is advised to leave.”
Moors Valley Country Park blackened by fires this week
Elsewhere in England, Devon and Cornwall Police said they were assisting the fire service with temporary road closures on the A30 in the Bolventor area as they tackle “a number of fires” on moorland.
In Dorset, Moors Valley Country Park was forced to close after multiple wildfires broke out there on Wednesday.
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Separate incidents were then reported at Upton Heath in Poole on Wednesday, and nearby Canford Heath in the early hours of Thursday.
Friday was officially the warmest day of the year so far – with temperatures in the south of England reaching 23C (73.4F) – the highest since 21 September last year, according to the Met Office.
The weather conditions triggered a “severe” wildfire rating for parts of the UK on Tuesday.
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