UPDATE: Court told it would be 'unjust and unfair' to impose a prison term on an ex-British soldier convicted of killing Aidan McAnespie in County Tyrone in 1988
Aidan McAnespie, 23, was hit in the back by a bullet as he walked to a Gaelic football matchA court has heard that it would be "unjust and unfair" to impose a custodial sentence on a former British soldier convicted of killing an unarmed man at a border checkpoint in County Tyrone in 1988.
He said military practice at the time was to place lethal weapons in remote areas of Northern Ireland which were manned by young, inexperienced soldiers. Holden's behaviour "belies a gross immaturity", he argued, adding that it was accepted this was "a difficult sentencing exercise". He also highlighted the "profound loss" suffered by the McAnespie family and the "enormous risk" taken by Holden when he was in no danger.In November's written judgement, the judge said he was satisfied the defendant had not cocked the weapon himself before firing it.
In December 1988, Holden was charged by the Army under Section 69 of the Army Act 1955 with the offence of "prejudice to good order and military discipline'' and was fined £370.86 by his commanding officer.
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