Northern Ireland

Date set for legal challenge to case against former soldier accused of Aiden McAnespie manslaughter

Aidan McAnespie was shot dead close to a checkpoint on the border at Aughnacloy in Co Tyrone in February 1988
Aidan McAnespie was shot dead close to a checkpoint on the border at Aughnacloy in Co Tyrone in February 1988 Aidan McAnespie was shot dead close to a checkpoint on the border at Aughnacloy in Co Tyrone in February 1988

A judge has set a date for lawyers representing a former soldier accused of the unlawful killing of Aidan McAnespie more than 30 years ago to challenge the prosecution case.

During a remote video link hearing at Belfast Crown Court yesterday, Mr Justice O'Hara said that the 'No Bill' application will take place on September 17.

He told prosecution and defence lawyers that if the case lasted longer than that day, it would continue into the following day.

David Jonathan Holden, whose address was given on court papers as c/o Chancery House, Victoria Street, Belfast, is a former Grenadier Guardsman who has been accused of the manslaughter of Mr McAnespie close to an army checkpoint at Aughnacloy, Co Tyrone on February 21 1988.

The 50-year-old was due to be formally arraigned in February this year on the single charge he faced.

But the hearing didn't proceed as lawyers outlined that they were to mount a legal challenge to the prosecution case against him.

Crown counsel Ciaran Murphy QC told the court yesterday that a further defence application to stay the prosecution proceedings would take place at a later date.

He also informed the court that disclosure material had been provided by the prosecution earlier this week to Mr Holden's defence team.

Defence barrister Ian Turkington confirmed to the court that he was in receipt of the material.

He added that if anything arose in those papers, he would make an amendment to his written skeleton argument.

Mr Justice O'Hara told the barrister that he would allow until July 24 to make any further written submissions.

With no objections from the prosecution or defence, the senior judge also excused the defendant from attending the hearing in September.

Aidan McAnespie worked at a Monaghan poultry products firm and regularly crossed the border on his way to work.

The 23-year-old was shot dead as he made his way on foot to a GAA match at the Aghaloo GFC grounds just past the army checkpoint on the Tyrone side of the border.