Aidan McAnespie: Ex-soldier fails to have manslaughter trial halted
- Published
A former soldier has lost a bid to have a manslaughter case against him dropped before it reaches trial.
A judge ruled there are sufficient grounds for 51-year-old David Holden to stand trial over the killing of Aidan McAnespie in County Tyrone in 1988.
Twenty-three-year-old Mr Anespie was shot dead at a checkpoint near Aughnacloy as he walked to a Gaelic football match.
He posed no threat to the soldiers on duty.
The accused, who was 18 at the time of the shooting, claims his hand was wet and his finger slipped on the machine gun trigger, discharging three bullets.
One of the shots hit Mr McAnespie in the back, after ricocheting off the road.
Lawyers for the Army veteran, who was in the Grenadier Guards regiment, had made an application to have the case dismissed, arguing that the evidence against him is insufficient.
But prosecutors claimed the accused's explanation for firing is "implausible" as a wet finger would not apply sufficient pressure to pull a trigger.
The judge found: "Different views have been taken in the past as to whether the evidence is sufficient to warrant a charge of manslaughter being brought, but in my judgement it is."
He added how well the case "stands up to scrutiny" will be determined at his trial.
A trial date will be fixed later this year.
It is expected to last three weeks.
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- Published29 January 2020