Early 2019 was marked by a number of adjournments and legal challenges by Holden’s defence team, including the evidence given by nine PPS witnesses as well as the investigating police officer. A Preliminary Investigation (PI) was then confirmed by District Judge John Meehan in March 2019.
On the 27th August 2019, more than 30 years after Aidan’s death, David Holden appeared in Dungannon Magistrates Court for the first time to decide whether he should stand trial.
More than 50 members of the McAnespie family and friends attended the hearing and saw the former soldier for the first time.
After further challenges to proceedings on Day 1 by Holden’s defence team, the Preliminary Investigation (PI) continued on the 5th November 2019 and was heard by District Judge Amanda Brady.
It wasn’t until the 8th January 2020 that Judge Brady delivered her verdict, ruling that there was sufficient evidence for Holden to stand trial. Holden was remanded on £500 bail to appear at Belfast Crown Court on 14 February 2020 for arraignment.
However, on this date, Holden’s legal team submitted a “no bill application and an abuse of process application” to the charge of his client. Mr Justice Colton listed the legal challenge for 20th March 2020 but due to the beginning of the COVID-19 pandemic and subsequent lockdown, this date was deferred to 17th September 2020.
‘No Bill’ Contest Dismissed
It would be 20th August 2021 before a ruling would be made on Holden’s legal team’s “no bill” (a finding that the evidence in the papers does not disclose a case of sufficient to justify putting him on trial).
Lord Justice O’Hara ruled that there there were sufficient grounds for Holden to stand trial over the manslaughter of McAnespie and dismissed the “no bill” application. Lord Justice O’Hara added that how well the case “stands up to scrutiny” will be determined at the trial.