Lawyers acting for a former solider accused of killing Aidan McAnespie at a County Tyrone checkpoint over 30 years ago, have never been provided with a copy of the Historical Enquires Team (HET) report.
David Jonathon Holden (49) whose address was given as his solicitor’s office in Victoria Street, Belfast, stands charged with unlawfully killing Mr McAnespie on 21 February 1988.
It is alleged the victim was shot dead as he walked through an army checkpoint in Aughnacloy, having been struck by one of three bullets fired from a machine gun.
An earlier hearing, Dungannon Magistrates Court was told the defence are to challenge the evidence of nine prosecution witnesses, as well as the main police officer involved.
This will be by way of Preliminary Investigation (PI) which is scheduled to take place in Omagh Magistrates Court at the end of the month.
Due to the number on contentious witnesses, the hearing is likely to last 3-5 days.
However, a defence barrister today expressed serious concerns on the absence of certain evidence, crucial to Holden’s case.
This includes the specific report on the investigation by the HET into Mr McAnespie’s death, which has never been disclosed to the defence, as well as other important documentary material.
District Judge John Meehan adjourned the case for review next week
Holden, a former Grenadier Guardsman who was 18 at the time of the incident, resides in England and has not as yet appeared in court having been excused, but will be in attendance for the hearing in Omagh.