Aidan McAnespie: David Holden's shooting account 'can't be excluded'
- Published
A firearms expert has told a court in Belfast that a soldier's version of the shooting of County Tyrone man Aidan McAnespie "cannot be totally excluded".
David Holden, 52, is accused of the manslaughter of Mr McAnespie, 23, in Aughnacloy, County Tyrone, in 1988.
Mr McAnespie was fatally wounded after walking through a checkpoint on his way to a GAA match.
Former guardsman Mr Holden claimed his wet finger slipped on the trigger of his GPMG (general purpose machine gun).
Three rounds were fired from the permanent checkpoint, one of which ricocheted, struck and killed Mr McAnespie.
The firearms expert called in to review the original forensic findings surrounding the February 1988 incident also said there were other possibilities for the shooting.
"Alternatively the GPMG could have been discharged by a deliberate pull of the trigger," he told Belfast Crown Court, by someone either knowing it was "cocked and ready to fire, or in the belief the gun was in a safe condition".
He added: "It is not possible to scientifically quantify the likelihood of these two possibilities."
The expert's findings were among 11 conclusions following his review in which he also said the bullet strike marks on the road "supported the proposition" the machine gun was not being held firmly or was moving.
He further concluded that while a "trained soldier" would have been alert as to the "hazards of an unintentional discharge", faced with the top cover closed on the machine gun it may not have been apparent it was "in a ready to fire state".
The expert also said the presence of a rubber muzzle cap on the weapon may also have given the impression the GPMG was not ready to fire.
He revealed he too handled a GPMG with wet hands, as claimed by Mr Holden at the time, and found it was possible to activate the trigger.
However, he said this exercise was carried out while lifting a weapon and not one which was mounted.
During cross-examination by the defence, the expert said all he was attempting to do in his report was to put forward the various possibilities behind the actual shooting.
He accepted that Mr Holden's explanation for the shooting could not be discounted, although he said the more likely reason was the soldier's grasping of the machine gun to move it caused his finger to slip, firing the weapon unintentionally.
Mr Holden, who was 18 at the time of the shooting and whose address is listed as Chancery House on Belfast's Victoria Street, admitted firing the fatal round, but denies Mr McAnespie's manslaughter.
The non-jury trial has been adjourned for submissions to be lodged with the court before the prosecution formally close their case.
Mr Justice O'Hara said he would deal with those submissions on 6 May.