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.
Two pro-Palestinian demonstrators have thrown red powder on Tower Bridge – just moments before leading runners in the London Marathon went past.
The protesters were arrested on suspicion of causing a public nuisance and remain in custody, said the Metropolitan Police.
A video shared by Youth Demand, which is calling for a trade embargo on Israel, shows two people jumping over a barrier that separates spectators from the race course.
The pair, wearing t-shirts that say “Youth Demand: Stop Arming Israel”, are then seen standing in the middle of the road on the bridge.
Pic: LNP
They throw red powder in the air as an official marathon car goes past displaying the race time.
A motorbike with a cameraman on board continues along the route, while a second motorbike stops and one of the riders gets off and pushes the pair out of the way, just before the men’s elite runners pass.
Several police officers then jump over the barrier and detain the pair, the footage shows.
There appeared to be no impact on the marathon.
More than 56,000 participants were expected to take part in the 26.2-mile race through the capital.
Sabastian Sawe of Kenya won the men’s elite race in a time of two hours, two minutes and 27 seconds, while Ethiopia’s Tigst Assefa shattered the women’s-only world record in two hours, 15 minutes and 50 seconds.
Assefa beat the previous best of two hours, 16 minutes and 16 seconds set last year in London by Kenyan Peres Jepchirchir.
Read more:
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Pic: LNP
The Metropolitan Police said in a statement: “At around 10.38am, two protesters from Youth Demand jumped over barriers at Tower Bridge and threw red paint on to the road.
“Marathon event staff intervened to remove the protesters from the path of the men’s elite race which was able to pass unobstructed.”
The force added that they were “quickly supported by police officers who arrested the protesters on suspicion of causing a public nuisance”.
The Met said the paint “appeared to be chalk-based” and was not expected to “present a hazard to runners yet to pass this point”.
Counter-terrorism police are investigating after an incident involving a crossbow and a firearm left two women injured in Leeds.
Police were called to Otley Road at 2.47pm on Saturday to reports of a “serious incident involving a man seen with weapons”, West Yorkshire Police said.
Officers arrived at the scene to find two women injured – and a 38-year-old man with a self-inflicted injury. All three were taken to hospital, with the man held under arrest, but their injuries are not believed to be life-threatening.
“Two weapons have been recovered from the scene, which were a crossbow and a firearm,” Counter Terrorism Policing North East said in a statement.
The incident happened on the ‘Otley Run’ pub crawl, with one venue saying it was closed for the evening due to “unforeseen circumstances”.
Officers guard one of the crime scenes
Officers inside the cordon in Leeds
Counter Terrorism Policing’s statement added: “Due to the circumstances surrounding the incident, Counter Terrorism Policing North East have taken responsibility for leading the investigation with the support of West Yorkshire Police.
“Extensive enquiries continue to establish the full circumstances and explore any potential motivation.”
Home Secretary Yvette Cooper described it as a “serious violent incident” and said she was being kept updated by police.
“Thank you to the police and emergency services for their swift response,” she said. “My thoughts are with the victims and all those affected by this attack.”
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