Aidan McAnespie: Ex-soldier found guilty of checkpoint shooting [Northern Ireland]

[Emrys]

Former soldier David Holden has been found guilty of the manslaughter of Aidan McAnespie in Tyrone 34 years ago.

The 53-year-old is the first veteran to be convicted of a historical offence in Northern Ireland since the 1998 Good Friday Agreement.

Mr McAnespie was killed by a shot which 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.

https://www.bbc.co.uk/news/uk-northern-ireland-63754980

This is the first conviction of a soldier for a killing in Northern Ireland during the Troubles since the Good Friday Agreement. An appeal may be lodged but if not, sentencing is due to take place in the new year.

It may also be the last conviction, depending on what amendments are accepted to the Northern Ireland Troubles (Legacy and Reconciliation) Bill which is due to be passed in the coming year.

[TigressDem]

1. I'm not sure I understand.

Were more bullets fired and the one that ricocheted of the road the one that actually killed him?

Simply from a legal standpoint, wouldn't it be hard to prove that a shot fired at the road was intended to kill?

[Emrys]

2. Hence the finding of manslaughter, not murder. From the article:

Mr Justice O'Hara said he considered the defendant "criminally culpable" beyond any reasonable doubt.

He found that Holden had pointed a machine gun at Mr McAnespie and pulled the trigger, while assuming the gun was not cocked.

He said: "That assumption should not have been made."

In his written judgement, Mr Justice O'Hara said he was satisfied the defendant had not cocked the weapon himself before firing it.

As the judge observed:

In the written judgement, he said the defendant had broken two "golden rules", which included never aiming a weapon unless one intends to fire and never increasing the risk of negligent discharge.

[TigressDem]

3. Yeah, got it.

IF he didn't intend it, don't pick up a machine gun and pull the trigger, counting on it to not be loaded.

WOW.

At the very least, if we took him at his word, 10.5 on the stupid-omiter With 10 being the top.

[moniss]

4. We'll see

but I've never really thought the Tories ever meant for the GFA to be anything but cover to get them down the road and make their escape of liability easier for them. I'm surprised after all these years they didn't take the 6 counties and rename them with some "shire" on the end of it. They have fought any willing cooperation with the terms they agreed to regarding language and culture etc. as well as the rest. They sandbagged on all of it really.