By Tony O’Reilly-
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 is the first veteran to be convicted of a historical offence since the 1998 Good Friday Agreement, which ended decades of conflict.
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Holden, 53, had been trial at Belfast Crown Court accused of the manslaughter of Aidan McAnespie in February 1988.
Aidan McAnespie(pictured) 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.
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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.
lden was 18 at the time of the incident and serving in the Grenadier Guards when a bullet discharged from his gun, shooting Mr McAnespie, 23, in the back in County Tyrone.
Mr 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 shot was fired moments after Mr McAnespie, on his way to a local Gaelic Athletic Association club, walked through a border security checkpoint.
Holden admitted firing the shot but said he had fired the weapon by accident because his hands were wet.
Darragh Mackin, lawyer for the family of Aidan McAnespie, said the verdict gave hope to all victims’ families.
“Since 1988 the family have persevered in trying to seek justice against the British Army and Mr Holden for the manslaughter of Aidan McAnespie,” he said.
“Mr Justice O’Hara found Holden’s evidence ‘entirely unconvincing’, ‘incoherent’, and described his account as a ‘deliberately false account’.
“We welcome this decision which gives all victims’ families here hope that the courts remain open to families seeking justice.”
The trial proceeded amid continuing controversy over the British government’s plans to deal with Northern Ireland’s troubled past.
The Northern Ireland Troubles (Legacy and Reconciliation) Bill proposes an effective amnesty for those suspected of killings during the conflict, if they agree to co-operate with a new body, known as the Independent Commission for Reconciliation and Information Recovery.
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