Army veteran David Holdens Lawyer has argued to have his case thrown out.
The lawyer argues there is "a huge void" in prosecution evidence, including lost records.
He also contended there has been an abuse of process connected to a dropped case 34 years ago.
He told Belfast Crown Court that vital records have been lost which would have shown the full extent of Mr Holden's weapon's training.
This included the guard "handover drill" and checking the safety catch of the machine gun.
He went on to state: "I do not believe, apart from the most simple road traffic accident, I have ever come across a case with less exhibits."
He further argued that the memory of witnesses had "diminished", given the trial was taking place decades after the event.
The defence lawyer also alleged there had been an abuse of process.
He said Mr Holden, having had a manslaughter charge dropped in 1988, was subsequently disciplined by the Army under legislation from 1955.
This saw him fined for a negligent discharge of a weapon.
His lawyer claimed this court martial meant he could not be tried again "for an offence substantially the same".
The Trial has been adjourned until 11am on Friday where the Judge will hear final submissions .
This trial is a perfect example of how far behind the judicial system is in Northern Ireland & it shows that the PPS will do anything to try and get a conviction of a Veteran no matter the lack of evidence or the facts in front of them !
Dave As Always Thanks Those Whom Continue To Support Him & Each Soldier A-Z .
Well done to our Northern Ireland Members for your continued presence of support at the Belfast Court & Well done to Lynn from our VASU London Branch who held a Lone Picket yesterday at Parliament to remind both Boris Johnson & MP’s that we have Veterans facing a Witch - Hunt in Belfast Courts whilst they sit & squabble .