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Tony Martin (farmer)

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This is an old revision of this page, as edited by Clammage (talk | contribs) at 22:10, 30 July 2009 (Flagged two instances of unreferenced statements. I believe the omissions to be serious as they refer to important aspects of the case.). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

For other people named Tony Martin, see Tony Martin (disambiguation).

Anthony Edward Martin (born 1944) is a farmer from Norfolk, England, who in 1999 killed one burglar who had entered his home and wounded another. He was convicted of manslaughter and as a result became a cause célèbre, and polarised opinion in the UK.[1]

Burglary and shooting

In 1999 Martin was living in an isolated farmhouse in Emneth Hungate, Norfolk, nicknamed "Bleak House". He claimed to have been burgled several times, losing £6,000 worth of furniture. Martin also complained about police inaction over the burglaries. Some sources express doubts that there were ever any burglars[citation needed]. The police reports state that multiple items and furniture were stolen such as dinner ware and a grandfather clock. The neighbours also had police reports of robbers, some believing they were the ones Martin shot at. However, these are merely local rumour and hearsay.

On the night of 20 August 1999, two burglars – Brendon Fearon, 29, and Fred Barras, 16 – entered Bleak House.[2] When confronted, they attempted to flee through a window. Martin shot Fearon in the leg, and Barras in the back as he was running away, and already some considerable distance from Martin.[1] Fearon was able to leave and obtain aid from a couple living nearby, and was then taken into hospital where he was treated.[citation needed] Martin subsequently left the farm and fled to his mother's house, where he hid the firearm. He then spent that evening drinking at a local inn and stayed for the night, seemingly unconcerned about the previous day's events. Barras was later found dead on the grounds by a police dog. At no time did Martin call the police or any other authorities to inform them of what had happened. It has been suggested that had he done so, Barras may well have survived[citation needed].

On 10 January 2000, Fearon and Darren Bark, 33, both from Newark-on-Trent, Nottinghamshire, admitted to conspiring to burgle Martin's farmhouse. Fearon was sentenced to three years in prison, and Bark to 30 months [2](with an additional 12 months arising from previous offences). Fearon was released on 10 August 2001.[2]

Murder trial

On 23 August 1999, Martin was charged with the murder of Barras, the attempted murder of Fearon, "wounding with intent to cause injury" to Fearon, and "possessing a firearm with intent to endanger life".[2]

The jury at the trial were told that they had the option of returning a verdict of manslaughter rather than murder, if they thought that Martin "did not intend to kill or cause serious bodily harm".[3] However, the jurors found Martin guilty of murder by a 10 to 2 majority.[4] He was sentenced to life in prison, the mandatory sentence for murder under English law.

Appeal

An appeal was considered in October 2001 by three senior judges headed by Lord Lane. Submissions by the defence that Martin had fired in self defence were rejected by the appeal court. However, on this occasion the defence submitted evidence that Martin suffered paranoid personality disorder specifically directed at anyone intruding into his home. This submission was accepted by the Court of Appeal and, on the grounds of diminished responsibility, Martin's murder conviction was replaced by manslaughter carrying a five year sentence, and his ten year sentence for wounding Fearon was reduced to three years. These sentences were to run concurrently.[5]

Parole applications and release

Martin was imprisoned in Highpoint Prison, Suffolk. When he became eligible for parole and early release, the Parole Board rejected his application without stating a reason.[6] The chairman of the parole board, Sir David Hatch, in an interview with The Times described Martin as "a very dangerous man" who may still believe his action had been right.[7] Martin challenged the decision in the High Court, where the parole board's decision was upheld.[8] Probation officers on Martin's cases said there was an "unacceptable risk" that Martin might again react with excessive force if other would-be burglars intruded on his Norfolk farm.[9]

On 28 July 2003, Martin was released after serving three years of his five-year sentence,[2] the maximum period for which he could be held following good behaviour.

Compensation claim

During 2003, Fearon applied for, and received, an estimated £5,000 of legal aid to sue Martin for loss of earnings due to the injury he sustained.[10] However, the case was thrown into doubt when photographs were published in The Sun suggesting that Fearon's injuries were not as serious as had been claimed.[11] Fearon later dropped the case when Martin agreed to drop a counter-claim.[12]

It has been claimed that Fearon's supporters have put a bounty on Martin's head of several tens of thousands of pounds.[1] Martin sold his version of the story to the Daily Mirror for a reputed sum of £125,000.[13][14]

Political activities

Since his release Martin has appeared on the platform of the United Kingdom Independence Party [15] and has endorsed the British National Party.[16] Both parties have advocated changes in the law to stop prosecutions of people defending themselves from intruders, as well as less restrictive firearm controls. He indicated his desire to stand for election to the House of Commons but could not because of his manslaughter conviction.[citation needed]

See also

References

  1. ^ a b c "Tony Martin: Crime and controversy". BBC News. 13 June 2003. Retrieved 13 February 2007.
  2. ^ a b c d e "Timeline: The Tony Martin case". BBC News. 28 July 2003. Retrieved 13 February 2007.
  3. ^ "A victim, not a hero". The Guardian. 29 July 2003. Retrieved 14 February 2007.
  4. ^ "Farmer guilty of murdering burglar". BBC News. 20 April 2000. Retrieved 13 February 2007.
  5. ^ Court of Appeal - Law Report
  6. ^ "Martin's parole bid fails". BBC News. 16 January 2003. Retrieved 13 February 2007.
  7. ^ "Tony Martin is a dangerous man, says parole chief", The Times, 27 May 2003. Retrieved on 16 June 2007.
  8. ^ Failed attempt to quash parole board decision by Judicial Review - Law Report
  9. ^ "Martin loses parole appeal". The Guardian. 8 May 2003. Retrieved 13 February 2007.
  10. ^ Morris, Steven (6 June 2002). "Legal aid for burglar shot by Tony Martin". The Guardian. Retrieved 13 February 2007.
  11. ^ Allison, Rebecca (20 August 2003). "Legal action by burglar 'in doubt'". The Guardian. Retrieved 13 February 2007.
  12. ^ Morris, Steven (22 September 2003). "Martin expected to end legal dispute with burglar". The Guardian. Retrieved 13 February 2007.
  13. ^ Morris, Steven (29 July 2003). "Inquiry into Daily Mirror deal for Tony Martin's inside story". The Guardian. Retrieved 13 February 2007. {{cite news}}: Unknown parameter |coauthors= ignored (|author= suggested) (help)
  14. ^ McViar, John (1 February 2004). "Tony Martin: A Right To Kill?". Artnik. Retrieved 7 July 2007.
  15. ^ Storer, Jackie (10 October 2003). "Martin urges 'decency' in politics". BBC News. Retrieved 13 February 2007.
  16. ^ Foggo, Daniel (18 April 2004). "Vote BNP and give Britain a dictator, says Tony Martin". Daily Telegraph. Retrieved 13 February 2007.

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