Ex-soldier's conviction leads to calls for fresh probes into terrorist atrocities
David Jonathan Holden, 53, who had been on trial at Belfast Crown Court, is the first veteran to be convicted of a historical offence in Northern Ireland since the Good Friday Agreement.
Mr McAnespie, 23, was killed in Aughnacloy, Co Tyrone, moments after walking through the checkpoint.
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Hide AdHolden had admitted firing the shot which killed Mr McAnespie but maintained that he had fired the weapon by accident because his hands were wet.
However, trial judge Mr Justice O'Hara said he was satisfied beyond reasonable doubt that Holden was guilty of manslaughter.
He found that Holden had pointed a machine gun at McAnespie and pulled the trigger, while assuming the gun was not cocked. He said: "That assumption should not have been made."
Mr Holden has remained on bail pending sentencing in the new year.
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Hide AdWhile the verdict has been welcomed by the McAnespie family and nationalist representatives, Paul Givan of the DUP said “no one can be above the law,” but added: “Sadly however it seems that it is easier to put the security forces and soldiers on trial than it seems to be to get justice for the families of those that suffered at the hands of the murderous terrorist groups.”
TUV leader Jim Allister said: "There will be many who will ask why it is that it is only soldiers and police officers who seem to appear before the courts when it comes to incidents dating back to the Troubles.
"When was the last time we saw an IRA man in court for any of the countless unsolved crimes, including many, many murders?"
Paul Young of Northern Ireland Veterans Movement (NIVM) said he was “saddened” by the court verdict.
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Hide Ad“The veteran community is deeply disappointed with the verdict delivered this morning,” he told the News Letter.
"We are really upset for David Holden and his wife and family. They are going to have to continue this suffered that they have been enduring for a number of years now.
"But it’s not over for David just yet. His legal team will be lodging an appeal, and possibly going as far as the Supreme Court if necessary, but that is a matter for defence team.
"As veterans we will absolutely stand behind him, and support him all the way through the continuing process.”
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Hide AdMr Young said he is convinced that only members of the security forces will be brought before the courts as a result of historical investigations.
"That is why we support, and have been supporting from the word go, this legacy bill that is going through the House of Commons and the House of Lords at the moment,” the NIVM spokesman added.