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Aidan McAnespie: Soldier facing trial over 1988 death loses legal bid

BBC Aidan McAnespie was shot as he walked through a checkpointBBC
Aidan McAnespie was shot as he walked through a checkpoint on his way to Gaelic football match

A former soldier has lost a High Court challenge against the decision to prosecute him over the death of a Catholic man at an Army checkpoint in February 1988.

Aidan McAnespie, 23, was hit by one of three bullets fired from a machine gun in Aughnacloy, County Tyrone.

David Jonathan Holden, 50, is facing trial for the alleged manslaughter.

The former Grenadier Guardsman, who was 18 at the time, had been charged with manslaughter but the case was dropped.

The Public Prosecution Service reviewed that decision in 2016 following a request by the Attorney General John Larkin, leading to the current legal proceedings.

Earlier this month, a district judge ruled that there is sufficient evidence for the accused to stand trial.

Pacemaker Checkpoint in AughnacloyPacemaker

Mr Holden, whose address was given as his lawyer's office in Victoria Street, Belfast, sought to judicially review the PPS decision to "overturn" the previous position.

His legal team argued that it was irrational to suggest any new evidence has emerged.

But Lord Justice Treacy said the application is "unsustainable".

Mr Holden is due to appear at Belfast Crown Court on 14 February.