Soldier loses High Court challenge over prosecution decision
A former soldier facing trial for the alleged manslaughter of a Catholic man 32 years ago has lost a High Court challenge to the decision to prosecute him.
David Jonathan Holden, 50, is charged over the killing of Aidan McAnespie at an army checkpoint in Aughnacloy, Co Tyrone in February 1988.
Mr McAnespie, 23, was on his way to a Gaelic football match.
Earlier this month a district judge held there is sufficient evidence for the accused to stand trial. It followed a review of the case by the Public Prosecution Service (PPS).
Mr Holden, a former Grenadier Guardsman, had previously been charged with manslaughter, but those criminal proceedings were later dropped.
In 2018, however, senior prosecutors directed that he should again be charged with Mr McAnespie’s manslaughter.
The ex-serviceman, with an address given as his lawyer’s office in Belfast, sought to judicially review the PPS decision to “overturn” the previous position.
His legal team centred their challenge on the power required to review the earlier no-prosecution decision.
They also contended that it was irrational to suggest any new evidence has emerged.
Senior judges who heard the challenge on Wednesday rejected all grounds advanced.
Dismissing the legal bid, Lord Justice Treacy said: “We consider that this application is unsustainable.”
With Mr Holden’s Crown Court arraignment due to take place next month, it was stressed that he still has opportunities to contest the case against him at that stage.
The judge added: “He can, if he wishes to, make a ‘no bill’ application.”