A former British soldier has been found guilty of the manslaughter of a County Tyrone man during the Northern Ireland troubles.
David Jonathan Holden (53) with an address at Chancery House, Victoria Street, Belfast, had denied the unlawful killing of Aidan McAnespie (23) who died after being hit by a bullet seconds after he walked through a British Army fortified check-point on the border on February 21, 1988 as he made his way to a football match in County Monaghan.
Holden, who was 18 at the time, and was serving with the Grenadier Guards in the British Army, denied deliberately aiming his machine gun at Mr. McAnespie. He said his hands were wet from cleaning duties at the time and that his finger was only on the trigger for “seconds."
He confirmed that Mr. McAnespie was a “person of interest” to the security forces at the time.
In his ruling, Judge Mr. Justice O’Hara said: “Whether his hands were wet or not, his explanation in the witness box as to how the weapon came to be fired was entirely unconvincing.
“I do not believe this evidence and I conclude that it is a deliberately false account of what happened.”
Judge O'Hara concluded that “the weapon was aimed at Mr. McAnespie."
“I find beyond reasonable doubt that the defendant assumed that the weapon was not cocked. He knew Mr. McAnespie was a person of interest and was tracking his movements.
“He aimed the weapon in Mr. McAnespie’s direction who was moving and the only person on the road. The defendant deliberately pulled the trigger and to his shock, rounds were discharged. He knew he had hit Mr. McAnespie as he could see him.
“In my judgement he is beyond any reasonable doubt, criminally culpable.”
Speaking outside the courthouse, Mr. McAnespie’s brother Sean said: “We have been waiting for this for 34 years. We never thought we would get it but we got it. My mother and father prayed and prayed for this day and they are not here to see it.
“As a family we are very relieved and happy. With the help of family, cousins, the community and relations, they helped us through this. It took the whole lot to get us over the line. We would also like to thank the media for helping us along as well.”
Mr. Holden, who was released on continuing bail, will be sentenced on January 27.
