A former British soldier will stand trial for a Troubles-related death in Northern Ireland after a bid to have the case against him dropped was refused by a judge today.
Former Grenadier Guardsman David Holden, 51, will appear at Belfast Crown Court next month when he will be formally charged with unlawfully killing Aidan McAnespie on 21 February 1988.
Mr Justice O'Hara rejected an application made on behalf of Mr Holden to quash the case, and expressed the hope that a trial can take place before Christmas.
Mr McAnespie died after being shot in the back as he made his way to a GAA match in February 1988.
The 23-year-old had just walked past a British Army checkpoint on the Monaghan Road in Aughnacloy, Co Tyrone when he died.
Mr Holden, who was 18 at the time, admitted he fired the fatal shot and claimed his hands were wet and his finger slipped off the trigger guard of his machine gun.
He was initially charged with manslaughter, but the charge was dropped in September 1988.
In 2014, following requests by the McAnespie family, the case was re-examined by the Public Prosecution Service (PPS) and a decision not to prosecute Mr Holden was taken.
Following an investigation into the shooting by the Historical Enquires Team, the case was referred back to the PPS in 2016 by the Attorney General.
On this occasion, a decision was made to prosecute the former soldier on a charge of manslaughter.
A 'no bill' application was launched by Mr Holden's defence at Belfast Crown Court on the grounds that the prosecution evidence was not sufficient enough to put him on trial.
Both Mr Holden and several members of Mr McAnespie's family attended the hearing remotely, via video link.
As he refused the 'no bill' application, Mr Justice O'Hara said that after careful consideration, he was satisfied there was "sufficient evidence to justify putting the defendant on trial for manslaughter".
Mr Holden will be formally charged with Mr McAnespie's manslaughter when the case is listed again on 10 September.
After being told that the trial is expected to last three weeks, Mr Justice O'Hara said "for many reasons the trial has to be heard sooner rather than later".
Family reaction
A cousin of Mr McAnespie described today's decision as a "relief" to the family.
Speaking on RTÉ's Drivetime, Brian Gormley said: "It's a welcome decision on behalf of the family and has been a relief obviously because of all the talk going around at the minute about amnesties and stuff so you never knew what way Aidan's case was going to be dealt with."
Mr Gormley said that the family hopes the case will "delve into the facts".
"Obviously there's been a lot of setbacks along the road. Hopes have been dashed in the past, where you think you're making progress and then it has been thrown back at you."
He added that Aidan's late sister Eilish fought hard to get the case to trial.
"On days like this we remember Aidan's sister, Eilish, who unfortunately is no longer with us. Days like today that makes it worthwhile."
Speaking on the same programme, a solicitor for the family of Mr McAnespie welcomed today's development.
Darragh Mackin, of Phoenix Law, said: "Today's decision marks the end of the pretrial attempts to have the case thrown out and the matter will now proceed to a formal trial or a trial at this side of Christmas.
"That has been made clear today by Mr Justice O'Hara that a trial in this case will be expedited and will be heard this side of Christmas, which has considerable significance, when we look at the fact that the British government are currently proposing an end to such prosecutions.
"And the reality is the expeditious trial in this case will ensure that Mr Holden faces trial before any proposal comes into force.
"We believe that with the correct momentum this matter can now proceed expeditiously and without any further delay and certainly prior to any further change in the law."
