Aidan McAnespie: Witness 'did not check if anyone was hit'
- Published
Aidan McAnespie was hit in the back by a bullet as he walked through a checkpoint in 1988
An Army lance sergeant has told the trial of a former soldier that he sent the defendant for a cup of tea "as he was in shock" after firing the shot that killed Aidan McAnespie.
David Holden, 52, a former Grenadier Guardsman, is on trial charged with the manslaughter of Mr McAnespie.
The 23-year-old was fatally wounded after walking through a checkpoint on his way to a GAA match in 1988.
The witness heard three shots, but said he did not check if anyone was hit.
Day three of the trial heard the witness was in another part of the checkpoint at Aughnacloy, County Tyrone, when the shooting happened.
"I heard the crack of the rounds passing over my head," he told the court.
He said he also heard the "thump" of the machine gun coming from the north sangar of the checkpoint and ran to see what had happened.
Mr Holden was standing beside the weapon.
"I said 'what has happened?' and he replied 'I squeezed the trigger'," the witness told the court.
"I sent him down to the console.
"I could see he probably needed a cup of tea.
"As far as I understood, there had been a negligent discharge, nothing more."
He stated that Mr Holden looked in shock and was "expressionless with his mouth open".
The judge, Mr Justice O'Hara, who is hearing the case in the absence of a jury, asked: "Apart from sending Mr Holden to get a cup of tea, did you look out to see if anybody had been hit?"
Mr McAnespie was walking through a border checkpoint near Aughnacloy, County Tyrone
The witness replied: "No sir. It did not occur to me that he had been aiming at somebody."
Mr Justice O'Hara responded: "Whether he was aiming at somebody or not, if a gun has negligently discharged, do you not look out to see if somebody has been hit?"
"It is something I did not do sir," the soldier said.
He added that members of the public made him aware that Mr McAnespie had been shot.
He was fatally wounded by a bullet that ricocheted off the road and hit him in the back, about 300m from the permanent vehicle checkpoint.
He was "a person of interest" to soldiers and his photograph was on a montage inside the checkpoint.
Mr Holden admits firing the shots, but has stated his finger slipped on the trigger because his hands were wet from having carried out cleaning duties.
The trial continues.