A former British soldier found guilty of killing a man at an army checkpoint in Northern Ireland more than 30 years ago is due to be sentenced next week.
In November, 53-year-old David Jonathan Holden was convicted of the February 1988 manslaughter of Aidan McAnespie.
He was the first veteran to be found guilty of a historic offense in Northern Ireland since the Good Friday Agreement.
Former Grenadier guard Holden, who was released on bail pending sentencing, returned to Belfast Crown Court on Friday for sentencing.
Before hearing pleas from both sides, the judge told the court that “there are a number of issues I need to consider”, he would not pass judgment on Friday.
The verdict will be handed down next Thursday, February 2, the court has heard.
Regardless of what sentence is handed down, the veteran will serve up to two years in prison under the controversial early release provisions of the 1998 Good Friday peace agreement.
McAnespie, 23, was killed in Aughnacloy, Co Tyrone, shortly after walking through a border checkpoint.
Aidan McAnespie was shot close to a checkpoint in Co Tyrone in 1988 (McAnespie family/PA)
He was on his way to a local Gaelic Athletic Association club when he was shot in the back.
Holden had admitted to firing the shot that killed Mr McAnespie, but had said he accidentally discharged the gun because his hands were wet.
But Judge O’Hara said he was convinced beyond a shadow of a doubt that Holden was guilty of manslaughter by gross negligence.
He found that Holden had pointed a machine gun at McAnespie and pulled the trigger, thinking the gun was not cocked.
Defense attorney Frank O’Donoghue argued that it was “exceptional” for an 18-year-old to be charged and convicted of manslaughter by gross negligence in this manner.
He told the court that it was military practice at the time to place deadly weapons in remote areas of Northern Ireland, which were manned by young, inexperienced soldiers.
“It is correct to note that just as Mr Holden has duties, as established by the court, to members of the public, so does the British Army.
“And the British Army has duties to Mr Holden, and they have grossly failed to fulfill those duties with the consequences that have occurred.”
Mr Holden’s behavior “belies gross immaturity”, he argued, adding that this was believed to be “a difficult sentencing exercise”.
“This man has lived an otherwise spotless life” and there is evidence of “sincere repentance,” he said.
The court was told that Mr Holden had “a breakdown at the firing range” after the incident and was discharged from the army in 1990.
“He has suffered and continues to suffer from the effects of PTSD,” the defense attorney said.
Prosecutor Ciaran Murphy said that while the events “relate to an event long ago, it is relevant to everyone in society.”
He also brought up the “deep loss” suffered by the McAnespie family and the “huge risk” Holden took when he was out of danger.
The sentencing hearing comes amid ongoing controversy over government plans to deal with Northern Ireland’s troubled past.
Northern Ireland’s Troubles (Legacy and Reconciliation) Bill proposals provide an effective amnesty for those suspected of killings during the conflict, if they agree to cooperate with a new body known as the Independent Commission for Reconciliation and Reconciliation Information Recovery (Icrir).
The bill would also ban future civil cases and judicial investigations related to Troubles crimes.