Man accused of McAnespie killing to challenge case against him
A SENIOR judge today (Friday) set a hearing date for lawyers representing a former soldier accused of the unlawful killing of Aiden McAnespie at an army checkpoint over 30 years ago to challenge the prosecution case against him, writes John Cassidy.
During a remote video link hearing at Belfast Crown Court, Mr Justice O'Hara said that the defence 'No Bill' application will take place on Thursday, September 17, 2020.
He told prosecution and defence lawyers that, if the case lasted longer than one day, it would continue into the following day, Friday, September 18.
David Jonathan Holden, whose address was given on court papers as c/o of Chancery House, Victoria Street, Belfast, is a former Grenadier Guardsman who has been accused of the manslaughter of Mr McAnespie on February 21, 1988.
Aiden McAnespie worked at a Monaghan poultry products firm and used to cross the border on his way to work and would regularly be stopped.
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 checkpoint on the Tyrone side of the border.
The defendant, Mr Holden (50), was due to be formally arraigned in February this year on the single charge he faced.
But the hearing didn't proceed as lawyers indicated they were to mount a legal challenge to the prosecution case against him.
Crown counsel Ciaran Murphy QC told the court today (Friday) that a further defence application to stay the prosecution proceedings against the defendant 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 disclosure 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, 2020, 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.