Former British soldier David Holden, convicted of manslaughter of Aidan McAnespie at army checkpoint, drops bid to clear his name
Earlier this year David Holden, 54, received a suspended sentence for killing Aidan McAnespie in February 1988.
He became the first ex-member of the armed forces to be found guilty of a Troubles-era offence since the Good Friday Agreement.
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Hide AdAn attempt by Holden to have his conviction overturned was due to begin at the Court of Appeal in Belfast today.
But in an unexpected development, defence counsel informed the three-judge panel that the challenge was being withdrawn. No further details were disclosed.
Lord Justice Treacy then confirmed the appeal against conviction was dismissed.
Mr McAnespie was killed as he walked through a security checkpoint in Aughnacloy, Co Tyrone.
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Hide AdThe 23-year-old had been on his way to a local Gaelic Athletic Association club when he was shot in the back.
Holden was 18 at the time and serving with the Grenadier Guards.
The Englishman admitted firing the fatal shot but said the gun was discharged by accident because his hands were wet.
However, following a non-jury trial, Mr Justice O’Hara found him guilty of manslaughter by gross negligence.
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Hide AdThe judge held that Holden wrongly assumed his machine gun was not cocked when he pointed it at Mr McAnespie and pulled the trigger.
He also highlighted the defendant’s age at the time of the time of the shooting and that there was no intent to kill.
The fact that the gun was cocked and ready to fire had been the fault of others, according to Mr Justice O’Hara.
In February he imposed a three-year sentence on Holden, but suspended the term for three years