Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

Soldier trial adjourned due to ‘circumstances beyond control’

A prosecuting barrister was described as unable to be at court due to circumstances beyond everyone’s control.

Rebecca Black
Thursday 31 March 2022 16:05 BST
Former Grenadier guardsman David Holden leaving Laganside Courts in Belfast on Thursday where his trial over the unlawful killing of Aidan McAnespie in 1988 has been temporarily adjourned due to the unavailability of a prosecution barrister (Brian Lawless/PA)
Former Grenadier guardsman David Holden leaving Laganside Courts in Belfast on Thursday where his trial over the unlawful killing of Aidan McAnespie in 1988 has been temporarily adjourned due to the unavailability of a prosecution barrister (Brian Lawless/PA) (PA Wire)

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

The prosecution of a soldier over the death of a man in Northern Ireland in 1988 has been adjourned due to “circumstances beyond everybody’s control”.

David Jonathan Holden, 52, is on trial at Belfast Crown Court accused of the manslaughter of Aidan McAnespie in February 1988.

He denies the offence.

Mr McAnespie, 23, was killed in Aughnacloy, Co Tyrone, moments after walking through a border security checkpoint.

He was on his way to a local Gaelic Athletic Association club when he was shot in the back.

He had been spotted by the soldiers at the checkpoint as “a person of interest” whose photograph was on a montage inside the checkpoint.

The trial started at Belfast Crown Court on Monday.

The court heard on Thursday morning that the prosecuting barrister was unable to be at court due to circumstances beyond everyone’s control.

Mr Justice O’Hara described the turn of events as “disappointing for everyone, the defendant and his supporters and equally for the McAnespie family and their supporters”.

“More generally the aspiration was to finish evidence this week and then get into legal submissions next week and that cannot now be achieved,” he said.

“We’ll make whatever progress we can on tidying up bits and pieces today and then the resumption of the case will be given priority so that as soon as people are available and able to attend court the case will be relisted to complete at the earliest possible date.”

Holden is a former Grenadier guardsman from England, whose address on court documents is given as c/o Chancery House, Victoria Street, Belfast.

The case is being heard in a Diplock format, without a jury sitting.

It is proceeding amid the continuing controversy over Government plans to prohibit future Troubles-related prosecutions.

The Holden case is one of a series of high-profile prosecutions of veterans that have been pursued in Northern Ireland in recent years.

Members of the McAnespie family have attended the trial supported by Amnesty International.

Outside the court a number of protesters have staged a demonstration, calling for an end to Troubles prosecutions.

Conservative MP and former veterans minister Johnny Mercer, and Northern Ireland’s veterans’ commissioner Danny Kinahan, also attended the trial

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in