A former soldier was charged with a fatal shooting at checkpoint. The judge has vowed to deliver a verdict as soon and as possible.
David Holden (52), is charged with the 1988 manslaughter at Aughnacloy, County Tyrone, of Aidan McAnespie.
McAnespie was 23 years old when he was hit in the back by a bullet that ricocheted off of the road.
He was approximately 300m away from the checkpoint and was walking towards a GAA match.
During the trial Mr Holden denied intentionally aiming the weapon at Mr McAnespie. Security forces believed McAnespie was “a person in interest” – an IRA suspect.
According to the military veteran, his wet hands caused him to accidentally pull the trigger. He fired three shots in 0.25 second.
Friday’s closing arguments were heard before Mr Justice O’Hara. He has been hearing the case for several weeks without a jury.
An attorney for the prosecution stated that Mr Holden’s explanations were not logical.
The lawyer stated that the man had failed to perform his duties and caused catastrophic consequences.
“He didn’t mean to kill Mr McAnespie, but he did pull out the trigger.”
Mr Holden’s lawyer responded that the defendant had given an account that “couldn’t be disproved”.
He stated that there was a good chance the weapon was left “mistakenly cocked by a third party” and not Mr Holden.
He concluded that “we have to examine the criminal culpability my client through the proposition he assumed responsibility of this machine gun on his first day as a soldier at 18 years old.”
