David Holden Wiki – David Holden Biography
The 53-year-old is the first veteran convicted of a landmark offense in Northern Ireland since the 1998 Good Friday Agreement. Mr. McAnespie was killed by a shot that ricocheted off the road and struck him in the back. His family said they were “relieved and happy” with Friday’s verdict after a 34-year wait.
Aiden McAnespie was crossing a border crossing on his way to a Gaelic football match when he was shot. Judge O’Hara said that he considered the defendant “criminally guilty” beyond a reasonable doubt. He discovered that Holden had pointed a machine gun at Mr. McAnespie and pulled the trigger, assuming the gun was not cocked.
David Holden Age
David Holden is 60 years old.
Incident Detail
He said: “That assumption should not have been made.” In his written judgment, Judge O’Hara said that he was satisfied that the defendant had not cocked the gun himself before firing it. He said that he fundamentally disagreed with the suggestion that it was not exceptionally wrong for the defendant to have assumed that the gun was not cocked.
“In my opinion, this was the ultimate ‘no risk’ situation because the risk of disaster was so great. The defendant should have appreciated at the time he pulled the trigger that if the gun was cocked there could be deadly consequences.”
The judge told the court that Holden had given a “willfully false account” of what happened. He dismissed the defendant’s claim that his hands were wet from cleaning. He also concluded that Holden’s explanation of how the gun was fired was “totally unconvincing” and was a “willfully false account of what happened.”
In the written judgment, he said the defendant had violated two “golden rules,” which included never pointing a gun unless he intends to shoot and never increasing the risk of negligent discharge. The court heard that Mr. McAnespie was unarmed.
David Holden is the first, and may be the last, post-Belfast Settlement Army veteran convicted of a Troubles-era crime. The government’s legacy bill, if passed next year, could end future prosecutions under a conditional amnesty scheme. Currently, Private F, charged with the Bloody Sunday murders, is the only other veteran for whom court proceedings are advancing.
About a dozen other veterans are awaiting prosecution decisions from the Public Ministry. They may not face any action if, if charged, proceedings are not started before next May, or if the bill is passed before then. In 2019, the government made an overt commitment to protect veterans from landmark investigations and prosecutions.
The bill not only covers veterans, but anyone involved in the riot killings, including paramilitaries. A new hearing will be held next year to determine the sentence Speaking after the ruling, McAnespie’s brother, Sean, said the family never believed they would get the ruling after 34 years.
“I am thinking of my father and mother who have prayed and prayed for this day and are not here to see it,” he said. “As a family, we are so relieved and happy to have such a great family, community and relationships to help us get through this.” Avid Holden sat on the bench, dressed in a suit and tie, with a guard next to him.
Behind a glass partition, about two dozen relatives of Aidan McAnespie and his supporters watched from the public gallery. When the judge criticized Holden’s evidence for being “willfully false”, family members looked at each other and nodded, knowing a guilty verdict was likely.
Outside the courtroom, several of them cried and hugged each other. David Holden’s expression remained neutral throughout the proceedings. Holden, who was serving in the Grenadier Guards and was 18 years old at the time, was on his first day of duty at the checkpoint.
McAnespie was known to security forces as a “person of interest”, an IRA suspect. Holden was initially accused of killing McAnespie in September 1988. At that point, Public Ministry staff met with the RUC lead investigating detective and a forensic firearms expert and decided to drop the manslaughter charge.
In December 1988 Holden was subsequently indicted by the Army under Section 69 of the Army Act 1955 for the offense of “prejudicing good order and military discipline” and fined $370 by his commanding officer. £.86. During the trial, defense attorney Frank O’Donoghue KC told Judge O’Hara: “My client, at the age of 19, believed that this matter was behind him and that he could move on with his life and he left military life. in 1990”. ‘
The court heard that in 2008, the PSNI’s Historical Investigations Team (HET) reviewed Mr. McAnespie’s case and produced a report for his family. Seven years later, the Attorney General for Northern Ireland invited the Director of Public Prosecutions (PPS) to review the case in light of the HET report.
In January 2018, the PPS informed Holden that the decision had been made to prosecute him for the manslaughter of McAnespie. Aul Young, of the Northern Ireland Veterans Movement, said the people he represents would be “deeply disappointed” by the verdict.
“It saddens me, but it’s not over yet for David,” he said. “As far as I know, his team is going to appeal the decision and I think eventually, if necessary, go to the Supremeourt.” In a statement following the verdict, the Northern Ireland Office expressed its condolences to the family of Aidan McAnespie.
He added that the government’s Legacy Bill, which is moving through parliament, “seeks to address the legacy of Northern Ireland’s past by putting in place an effective information retrieval process that will provide answers for families and help society.” to look ahead.”
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