Aidan McAnespie: David Holden goes on trial for manslaughter
- Published
A former soldier has gone on trial in Belfast charged with killing a man at a border checkpoint during the Troubles.
David Holden, 52, is accused of the manslaughter of Aidan McAnespie, 23, who was hit in the back by a bullet near Aughnacloy, in County Tyrone, in 1988.
Mr McAnespie was walking to a Gaelic football match at the time.
Mr Holden has claimed his finger accidentally slipped on the trigger of a machine gun mounted inside a sangar.
Belfast Crown Court heard the defendant, who was 18 at the time, was a professional soldier in the Grenadier Guards who had served two tours of duty of Northern Ireland, having enlisted in 1986.
Although from England, his address was given in court documents as c/o Chancery House, Victoria Street, Belfast.
Six days before the fatal shooting, Mr Holden had received a grading of "skilled" in the use of the machine gun.
Prosecutors told the court they did not accept Mr Holden's explanation of events.
"The case turns on a simple issue," a prosecution lawyer said.
"The question is not whether the gun was discharged inadvertently or not.
"We do not make the case his acts were intentional.
"The issue is whether the discharge was grossly negligent."
Mr McAnespie was struck in the back by one of three bullets which ricocheted off the road about 300m from the fixed checkpoint.
He was unarmed and posed no threat.
The court was told he was known to the Army who were concerned he was a member of the IRA.
The court heard the machine gun's normal resting position was pointing skywards.
"It is not normally pointed in its resting position towards the roadway where Mr McAnespie was walking," the prosecution lawyer said.
"It had to be moved into that position.
"The defendant had control of the weapon and it was his responsibility to ensure it was kept safe."
The court heard it would have taken 9lbs of pressure to pull the trigger.
"We conclude the trigger pull could not be described as light and force is required to activate the trigger mechanism."
The court heard that after the shooting, Mr Holden told a soldier on checkpoint duty that "he had squeezed the trigger".
The prosecution lawyer stated: "That does not equate with his version of events in interview that he did not have a firm grip of the weapon and that his finger slipped from the trigger guard on to the trigger due to his hands being wet from cleaning duties.
"Even if true, it raises the question as to why anyone would allow themselves to take hold of a lethal weapon with hands in a slippery condition.
"That in itself could be determined as an act of gross negligence.
"He pulled the trigger as an unlawful act or unintentionally as a grossly negligent act."
The case continues.