A BROTHER of Co Tyrone man Aidan McAnespie has said his family was “dragged” through the courts for years by the British soldier convicted of his manslaughter.
Sean McAnespie was speaking after former Grenadier Guardsman David Jonathan Holden (53) was given a three year jail sentence, suspended for the same period, at a Belfast court on Thursday.
Holden was convicted of the offence last November.
Mr McAnespie was shot dead close to a checkpoint at Aughnacloy in Co Tyrone on February 21 1988 as he made his way to Aghaloo GAC’s grounds.
Holden had admitted firing the shot which killed Mr McAnespie but claimed he discharged the weapon by accident because his hands were wet.
Trial judge Mr Justice O’Hara said he was satisfied beyond reasonable doubt that Holden was guilty of manslaughter by gross negligence.
He previously added that Holden had given a “deliberately false account” of what happened.
The former soldier, who was aged 18 at the time when he shot Mr McAnespie, was originally charged with manslaughter in 1988 but this was later dropped.
Mr McAnespie’s brother Sean, speaking after the sentencing, said on Thursday that “nothing takes away from the fact that Mr Holden was found guilty of unlawfully shooting our Aidan”.
Speaking outside court he said the suspended sentence did not take away from the conviction.
“He dragged us through the courts for years,” he said.
“We lost our father and sister in the duration of that. It was like being stopped at the checkpoint every time we came here.”
Mr McAnespie said his family only ever wanted the truth.
“It was like stopping at that checkpoint every time we came here,” he said.
“We weren’t looking for a pound of flesh.
“We were just looking for truth and justice.
“I wouldn’t take away for other families to seek justice.”
Mr McAnespie’s cousin, former Tyrone GAA star Brian Gormley, said the hearing “represents the end of a very long journey for the family in terms of pursuing justice”.
“Most of these events revolved around one day in February when Aidan was shot going through Aughnacloy checkpoint,” he said
“David Holden has been found guilty of the unlawful killing of Aidan McAnespie.”
The family’s solicitor Darragh Mackin, of Phoenix Law, said the McAnespie family has “already served a life sentence for Mr Holden’s criminal actions”.
“Whilst Mr Holden might today be able to return to his family, as a result of his criminality, the McAnespie family have been deprived of a brother, a son, an uncle, and a best friend,” he added.
Gavin Booth
Peter Corrigan
Danielle Cromie
Colm Dore
Conor Campbell-Brennan
Diarmuid Brecknell
Luke Haycock
Partner
Gavin Booth
Gavin Booth specialises in Actions against the Police, Public Law and Prison Law. In a short time, he has developed a specialist practice in these areas. He regularly appears in some of the most high-profile actions against the Police cases, prison law and public law challenges in this jurisdiction.
Gavin has developed a specialist practice acting in legacy cases for those victims who have been bereaved or injured arising out of incidents during the conflict.
He is currently involved in some of the most high-profile legacy cases emanating from the period commonly referred to as ‘the troubles,’ including the RUC murder of Colum Marks in April 1991, the murder of Seamus Ludlow in County Louth in 1976, the attack on the Thierafurth Inn Bar in November 1992, and the murders of Dwyane O’Donnell and Thomas Armstrong at Boyle’s Bar in Cappagh in March 1991.
Gavin has appeared in both the Irish Supreme Court and the UK Supreme Court. In the Irish Supreme Court in YY -v- Minister for Justice, concerning the deportation of an ISIS suspect and in theUK Supreme Court in Re Anthony McIntyre [2019] which challenged the lawfulness of the controversial decision by the police to rely on tapes collected from the Boston College project. Gavin has also secured the largest civil settlement in the Boston College cases in this jurisdiction for the claimants.
Gavin holds an LLM Masters in Human Rights Law and Transitional Justice. Gavin co-authored two reports with Doughty Street Chambers in London. The first report was on the Repeal of the Human Rights Acts in Northern Ireland and the second on the effect of Media Concentration in Ireland. Gavin addressed the European Parliament in Brussels on two occasions.
Outside of work Gavin is also a Director of the Newry Charity Davina’s Ark which specialises in addiction and after care.
Actions against the Police & Public Law
- Thierafurth Inn – Collusion in County Down (Re John McEvoy)
In 2016 the then Police Ombudsman Dr. Michael Maguire released his report on Loughinsiand. The report was tasked with looking at issues of Collusion between Loyalist paramilitaries and members of the Security forces including the RUC and UDR. The report ultimately concluded that collusion was a significant feature of the murders. The Report for the first time linked other cases prior to the events at the Heights Bar in Loughinisland including the murder of Jack Kielty in Dundrum, the attempted murder of Peter McCarthy and the attack on the Thierafurth Inn in 1992. Mr John McEvoy challenged the failure of the PSNI to investigate the allegations into his attempted murder at the Thierafurth Inn in 1992 and sought a fresh independent investigation into the not only the events at the Thierafurth Inn, but all the murders associated with this murder gang.
The relevant media footage can be accessed here:
- Agent Provocateur Sandy Lynch and others (R -v- Clinton and Armstrong)
In an out of time appeal, Gavin was instructed by the appellants Clinton and Armstrong in successfully overturning the 30-year-old convictions as a result of the fresh evidence that they were entrapped by a state agent (or a covert human intelligence source) acting as an agent provocateur.
The relevant media footage can be accessed here
- Raymond McCreesh Park (Re Rosaleen Murphy)
The applicant a Newry Pensioner and local resident sought to challenge the decision of Newry, Mourne and Down District Council’s decision to dispose of Raymond McCreesh Park through their D1 Disposal Process without consultation with the local community.
The relevant media footage can be accessed here
- Boston College tapes (Re Anthony McIntyre)
This was a challenge to the Divisional Courts refusal to allow the applicant a right of appeal in Northern Ireland. The Supreme Court heard arguments on whether the Supreme Court has jurisdiction to hear the applicant’s proposed appeal given that the court from which he seeks to appeal declined to certify that a point of law of general public importance was involved in the decision.
The relevant media footage can be accessed here
- Irish Supreme Court in Deportation of ISIS Suspect
In this determination (YY v Minister for Justice & Equality), the Supreme Court granted YY leave for a leapfrog appeal from the High Court decision to allow his deportation to proceed, due to the exceptional circumstances of the case. YY was previously imprisoned for planning terrorist acts—including in Ireland. But, if deported to his home state, he faces the risk of treatment contrary to Article 3 of the European Convention on Human Rights (prohibition of torture).
The relevant media footage can be accessed here
The Judgment can be accessed here
- RUC Murder of IRA volunteer Colum Marks (Re R. Rooney)
In 2016 the then Police Ombudsman History Directorate refused to establish an investigation to the death of Colum Marks in 1991. The Ombudsman claimed he was unable to order a fresh investigation in the absence of new information following a previous review by the RUC at the time. Following media attention in the case a new witness came forward which brought a fresh decision for a new investigation.
The relevant media footage can be accessed here
- Immediate Investigation by PONI into the murder of Colum Marks (Re Roisin Marks)
This matter relates to a Judicial Review application brought by Mrs. Róisin Marks in relation to the delay in investigation by the Police Ombudsman in investigating her son’s death in Downpatrick County Down by the RUC. The Applicant was granted leave to apply for judicial review against the decision of the Police Ombudsman of Northern Ireland (“PONI”) contained in the letter dated 20 July 2017, namely that PONI cannot conduct an investigation into the circumstances of Mr Marks death within a reasonable time scale due to the failure of the Department of Justice (“DOJ”) to provide sufficient funding to PONI. In 2017, Roisin Marks brought a judicial review challenge against the failure of the Police Ombudsman of Northern Ireland (“PONI”) to carry out a timeous investigation into her complaint about the shooting of Colum Marks in Downpatrick in 1991. She also sought to challenge the ongoing failure of the Department of Justice, the Executive Committee, and/or the Secretary of State for Northern Ireland to provide adequate funding to the PONI to enable it to carry out legacy investigations without undue delay.
The relevant media footage can be accessed here
- DOJ failure to fund the Office of Police Ombudsman. (Re Brendan Morgan)
This matter relates to an application brought by Mr Brendan Morgan in relation to the failure of the Police Ombudsman to carry out a timeous investigation into his complaint into his attempted murder and the attack on the Thierafurth Inn Bar, in Kilcoo County Down in 1992. Background2.On 27 March 2019, Mr Morgan brought a judicial review challenge against the failure of the Police Ombudsman of Northern Ireland (“PONI”) to carry out a timeous investigation. He also sought to challenge the ongoing failure of the Department of Justice to provide adequate funding to the PONI to enable it to carry out legacy investigations without undue delay.
The relevant media footage can be accessed here
- Boston College Tapes (Re Anthony McIntyre)
In 2001 Mr. McIntyre became involved in an academic oral history project known as the “Belfast Project” with the tapes becoming known as the Boston College Tapes. On 3 September 2014 the PSNI requested that the PPS issue an ILOR in respect of McIntyre’s tapes. The ILOR was issued on 9 February 2015 through Mutual Legal Assistance under Section 7(5) of the Crime (International Cooperation) Act 2003 seeking access to McIntyre oral tapes. Mr. McIntyre sought to challenge this.
The Judgment can be accessed here
- Further investigation into the murder of Seamus Ludlow (Re Thomas Fox)
This was a challenge to the decision of the Minister for Justice’s ongoing failure or refusal to establish two commissions of investigation pursuant to the Commission of Investigation Act 2004 (“the 2004 Act”) as per the recommendations of the Houses of the Oireachtas and Judge Henry Barron for the further Commissions into the handling of the murder of Seamus Ludlow by An Garda Síochána. In 2020 this matter was brought before the Court of Appeal in Dublin with judgment reserved.
The Judgment can be accessed here
Prison Law
- Licence Conditions to extend to ROI – (Re Gerard McManus (and Keith McConnan)
This was a challenge taken by Mr. McManus from County Donegal and Mr. McConnan from County Louth following their release on licence. Each of the applicants were subject to licence conditions. These conditions required the applicants to reside in United Kingdom during the period of their licence. Both applicants through these proceedings challenged the refusal to permit them to reside in the Republic of Ireland during their conditions.
The Judgment can be accessed here.
- Right for separated Prisoners to use Internet for Education. (Re Brendan McConville)
This was a challenge brought regarding the prison failure to allow the applicant access to computer facilities whilst in custody for the purposes of completing his degree.
The Judgment can be accessed here
The relevant media footage can be accessed here
- Access to the Prison Library (Re Sean McVeigh)
This is a challenge brought against NIPS refusal to allow separated prisoners access to the Prison Library or access to Prison Library books.
- Transfer to separated conditions on safety grounds (Re: Luke O’Neill
The applicant was remanded to Maghaberry Prison on 27 September 2016. Since then he has been seeking admission to the separated landing for Republican prisoners at Roe House. He argues that it is only in these conditions that he will be safe in prison. His transfer to separated conditions was refused by way of a written notice on 26 October 2016. As a result, he sought to challenge this citing safety concerns for the place he was housed.
The Judgment can be accessed here
- Failure to properly investigate death threats (Re Luke O’Neill)
Following the matter being remitted by the Court of Appeal back to the trial judge the applicant sought extensive Discovery against the respondents which showed that there was a death threat against the Applicant in the place he was housed. An offer of £50,000 was placed against the applicant and the Prison became aware of this. The Applicant then sought to challenge this for a finding of a breach of Article 2 of ECHR.
The Judgment can be accessed here The relevant media footage can be accessed here
- Information Sharing between Hospitals and Prisons (Re Michael Larkin).
This is a challenge to the refusal to permit the applicant a period of temporary release to visit his mother in hospital before her death. The Applicant argues that this was in breach of his rights as protected by Article 8 ECHR and was unlawful. The applicant learned in the proceedings that the Trust and the Prison refused to provide the necessary information to allow the correct decision to be made.
Email:gavin@phoenix-law.org
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Paralegal
Colm Dore
Colm is currently a Legal Executive at Phoenix Law, working primarily on Public Law, Inquests and Inquiries. He appeared in the high-profile Stardust Fire Inquests in Dublin
He works on both Immigration and Criminal matters, in addition to steering civil action against public authorities.
Email:colm@phoenix-law.org
Trainee Solicitor
Conor Campbell-Brennan
Conor is a Trainee Solicitor in the Actions against the Police and Prison Law Department.
Having completed his LLB Degree at Queens University, Conor has specialised in Civil Actions against public authorities, most notably the PSNI and NI Prison Service.
Further, Conor has extensive experience in representing client’s before the Parole Commissioners (DCS, ECS, ICS & Life Sentences), Prison Issues and Judicial Reviews, of which have been of significance, such as Re Johnston’s Application [2024] & Re Sheerin’s Application [2025].
Conor continues to act in several high value civil actions for damages as a result of acts by public authorities, alongside Prison Issues, Judicial Review’s and Parole Commissioners hearings.
Email:conor@phoenix-law.org
Solicitor
Diarmuid Brecknell
Diarmuid Brecknell is a Solicitor in the Public Law, Inquests and Inquiries Department at Phoenix Law, Belfast, a leading human rights and litigation firm specialising in complex actions against public authorities. He completed his LLB at Ulster University and graduated from the Institute of Professional Legal Studies at Queen’s University Belfast in 2025.
Diarmuid specialises in public law, inquests, public inquiries, legacy litigation and high-value civil claims. He acts for individuals, families and large groups of victims in cases involving state accountability, collusion, institutional abuse and serious human rights breaches, across Northern Ireland, the Republic of Ireland and Great Britain.
Legacy Civil Actions
Diarmuid acts in a large number of Troubles-related civil actions against the Police Service of Northern Ireland (PSNI) and the Ministry of Defence (MOD), including the cohort of Glenanne Gang cases currently before the High Court in Belfast. His work includes:
- Reavey v Chief Constable of the PSNI and the Ministry of Defence - acting for Eugene Reavey, whose brothers John Martin, Brian and Anthony Reavey were murdered by the Glenanne Gang on 4 January 1976. In June 2026 the PSNI and MOD paid a combined £400,000 in damages, and the Chief Constable issued an apology in open court.
- The Farmer Family Civil Action - acting for the family of GAA supporter Sean Farmer, murdered by the Glenanne Gang. In October 2026 the PSNI agreed to pay damages and issue an apology to the family. The family’s claim against the MOD continues.
- Misfeasance and collusion claims - claims involving misfeasance in public office, negligence, collusion and systemic investigative failures, including extensive work on disclosure, expert evidence and trial preparation.
Public Law and Human Rights Litigation
Diarmuid has been involved in significant public law litigation, with a particular focus on Article 2 ECHR-compliant investigations and state accountability. His experience includes:
- Re McGuigan and McKenna [2021] UKSC 33 - the “Hooded Men” case, a landmark Supreme Court case concerning the use of torture and the State’s obligation to conduct effective investigations into serious human rights violations.
- Re Barnard [2022] NICA - the “Glenanne Series” case, a pivotal Court of Appeal decision which led to the establishment of Operation Denton, an independent investigation into over 120 murders linked to alleged collusion between loyalist paramilitaries and state agents.
- Re Mac Cionnaith’s Application and Re Hynes’ Application [2026] NIKB 59 - part of the Phoenix Law team acting for the Garvaghy Road Residents’ Coalition in the Drumcree parade litigation before the High Court and Court of Appeal, in which the High Court upheld the Secretary of State’s prohibition of the parade along the Garvaghy Road.
- Free the Night and Holly Lester - a 2026 judicial review of the Minister for Communities’ response to Northern Ireland’s independent licensing review.
- Re Blair - a successful 2024 judicial review in which the High Court found that the Northern Ireland Prison Service acted unlawfully and in breach of Article 8 ECHR in refusing a prisoner temporary release for his 40th wedding anniversary.
- Housing Executive appeal - a successful appeal of a Northern Ireland Housing Executive decision, securing emergency rehousing for a mother and her children who had been threatened by paramilitaries.
Troubles Permanent Disablement Payments
Diarmuid has a long-running practice in applications, appeals and challenges before the Victims’ Payments Board. In 2026 he secured a successful review for a victim of a paramilitary-style shooting whose application had been refused, applying the High Court’s judgment in Re McCabe’s Application [2026] NIKB 24 on the treatment of paramilitary-style attacks under the Scheme. He also advises on judicial review of Victims’ Payments Board decisions.
Inquests and Public Inquiries
Diarmuid has significant experience in large-scale, complex inquests and public inquiries, often acting for families who have campaigned for decades for truth and accountability. His work includes:
- The Stardust Inquests - part of the legal team representing families of the 48 victims of the 1981 Stardust fire (Dublin, 2023-2024). The inquests returned unlawful killing verdicts in respect of all 48 victims, followed by a State apology from the Taoiseach. Diarmuid was then part of the Phoenix Law team that negotiated a €24 million State compensation scheme on behalf of 47 of the 48 families.
- The Michael Shine Commission of Investigation - acting alongside Dignity4Patients for hundreds of survivors of the former consultant surgeon at Our Lady of Lourdes Hospital, Drogheda. Diarmuid campaigned for a Commission of Investigation from 2023, through the scoping exercise led by Lorcan Staines SC, to the Government’s acceptance of the scoping report’s recommendations in full in July 2026. Phoenix Law now represents survivors as the Commission of Investigation is established.
- The South-East Commission of Investigation (Bill Kenneally) - acting for survivors of Bill Kenneally throughout the Commission into the response of State bodies to abuse in Waterford. Following publication of the report of Mr Justice Michael White, the Taoiseach delivered a formal State apology to survivors in Dáil Éireann in July 2026.
- The Ballymurphy Inquest - involvement in the 2021 proceedings which found that ten civilians killed during the introduction of internment in 1971 were entirely innocent and that their deaths were unjustified.
- Inquests in Northern Ireland - multiple legacy and non-legacy inquests, including contentious pre-inquest review hearings involving disclosure disputes, police conduct and Article 2 compliance.
Civil Litigation and Group Actions
Alongside his public law and inquest practice, Diarmuid acts in complex civil and commercial litigation across multiple jurisdictions. His experience includes:
- The FBA Brand Builder Group Action - acting for a large group of claimants against Darren Campbell and the FBA Brand Builder programme, which is alleged to have misled participants and caused them significant financial losses.
- Defamation - acting for Mick Finnegan in defamation proceedings against Irish media outlets, alongside other reputation management matters.
- Assault and human rights claims - civil claims arising from assaults, human rights breaches and systemic failures, engaging both domestic law and the European Convention on Human Rights.
- Cross-border litigation - proceedings in Northern Ireland, the Republic of Ireland and England and Wales, including matters with parallel criminal and civil elements.
He has played a key role in securing substantial settlements and apologies on behalf of victims and survivors in claims against state bodies, including the PSNI and MOD, as well as private organisations.
Media
Diarmuid regularly comments in the media on behalf of clients, and appeared on the Activist Lawyer Podcast (Episode 121, “Seeking Justice”) to discuss his work for victims of historical abuse.
Email:diarmuid@phoenix-law.org
Ulster University Graduate Scheme
Luke Haycock
Luke is a Paralegal through the UU Graduate Scheme and works in the Actions Against the Police, Public Law, Prison Law and Civil Law Departments. Having joined the firm in September 2024, he combines his role with completing his studies at Ulster University, Belfast, as part of the degree apprenticeship programme.
Luke has developed experience across a broad range of public and civil law matters. He regularly assists in complex challenges brought against prisons and acts in claims arising from police misconduct, including assault. His work also includes both bringing and defending injunctions in cases involving harassment and protection.
Luke is currently instructed in a number of high-profile High Court proceedings concerning unlawful strip searches carried out by the PSNI and the Northern Ireland Prison Service.
Email:luke@phoenix-law.org
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APPLICATION MADE TO BRING ROGER CASEMENT HOME TO MURLOUGH BAY
