Queen v David Jonathan Holden
| Jurisdiction | Northern Ireland |
| Judge | O'Hara J |
| Neutral Citation | [2022] NICC 20 |
| Date | 30 May 2022 |
| Court | Crown Court (Northern Ireland) |
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Neutral Citation No: [2022] NICC 20
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: OHA11858
ICOS No: 19/005923
Delivered: 30/05/2022
IN THE CROWN COURT IN NORTHERN IRELAND
SITTING IN BELFAST
___________
REGINA
v
DAVID JONATHAN HOLDEN
___________
Mr C Murphy QC with Mr S Magee QC (instructed by the Public Prosecution Service) for
the Crown
Mr F O’Donoghue QC with Mr I Turkington (instructed by MTB Solicitors) for the
Defendant
___________
RULING ON ABUSE OF PROCESS APPLICATION
AND APPLICATION FOR DIRECTION OF NO CASE TO ANSWER
___________
O’HARA J
Introduction
[1] The defendant is charged with one count of manslaughter, namely that on
21 February 1988 he unlawfully killed Aidan McAnespie, contrary to common law.
In advance of the trial the defence lodged an application that the proceedings should
be stayed on the ground that they constitute an abuse of process. By agreement
consideration of that application was deferred until the end of the prosecution case,
the rationale being that at that point the court will have a clearer picture of the effect,
if any, which delay and other factors have had on the trial.
[2] That stage has now been reached so the abuse of process application falls to
be dealt with under each of the two limbs which the defence relies on:
A. The defendant cannot receive a fair trial.
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B. It is otherwise unfair to try the defendant.
In addition, the defence has applied for a direction that the evidence presented by
the prosecution is such that there is no case for the defendant to answer because no
reasonable jury (or judge) properly directed on the law could find the defendant
guilty.
[3] Before dealing with those applications it is necessary to set out the
background to this trial and a summary of the evidence which has been presented.
Background
[4] In February 1988 the defendant was an 18 year old soldier, a Guardsman in
the Grenadier Guards. He was born on 20 October 1969 and joined the army on
14 October 1986. He then underwent basic training until July 1987 and further
training beyond that, including training on a range of firearms. (The extent and
nature of that training is to some degree a matter of dispute, especially in relation to
his familiarity with a general purpose machine gun (“GPMG”).)
[5] The defendant arrived in Northern Ireland in July 1987 but was confined to
duties in barracks until October 1987 when he reached the age of 18. After that he
spent time doing such duties as foot patrols, mobile patrols and sangar duties
although it appears that Sunday 21 February 1988 was the first time he was ever on
duty in a sangar armed with a GPMG.
[6] At Aughnacloy, Co Tyrone, near the border with the Republic of Ireland,
there was a permanent vehicle checkpoint (“PVCP”). There were two sangars at the
checkpoint, each with an upper and lower level and with openings or observation
slits through which soldiers could observe and record people and traffic coming and
going.
[7] At approximately 2.45pm Mr McAnespie parked his car on the northern side
of the checkpoint. He then walked through the checkpoint on his own, in the
direction of the border. He was not armed and posed no risk to anyone. The fact of
his presence was drawn to the attention of the defendant who was on the upper
level of the sangar by Guardsman Norris because there were suspicions about
Mr McAnespie – he was said by military witnesses to be a “person of interest” to the
security forces.
[8] According to Norris, the defendant told him that Mr McAnespie was walking
along the road which would mean he was walking towards the border with his back
to the checkpoint. A few minutes later the defendant discharged three bullets from
the GPMG which he was armed with in the sangar. One of these three bullets hit the
ground near Mr McAnespie and ricocheted into him, entering his back and going
through his body. It caused considerable laceration of the right lung, resulting in
severe internal bleeding and death.
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