Tony Martin (farmer)

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Anthony Edward Martin (born 1944) is a farmer from Norfolk, England. He is most notable for being convicted of the murder of Fred Barras, a 16-year-old burglar that he caught in his house. He was sentenced to life in prison, but his conviction was reduced on appeal to manslaughter on grounds of diminished responsibility to a five-year sentence, of which he had to serve three.

Contents

[edit] "Bleak House" shooting

Martin is a cause célèbre for some as a result of his shooting two burglars who were in the process of burgling his home. Tony Martin's case attracted considerable media interest and was one that polarised the UK to a greater degree than would usually be seen[1]. To some he was seen as a trigger-happy and unstable xenophobe, who wilfully killed a fleeing boy using an illegally held shotgun [2]. To others, including tabloid newspapers, he is a wronged man and an example of how the British legal system supposedly punishes victims and rewards criminals.

Martin lived in a run-down, isolated farmhouse in Emneth Hungate, Norfolk, nick-named "Bleak House". He claimed to have been burgled several times, losing £6,000 worth of furniture. Martin complained about police inaction over the burglaries. Police sources, however, have expressed doubts that all the incidents took place[2].

[edit] Attempted burglary

On the night of 20 August 1999 two burglars, Brendon Fearon, 29, and Fred Barras, 16, entered Bleak House [3]. When they were confronted they attempted to flee through a window but were shot by Martin[1]: Fearon in the leg and Barras in the back. Barras died in the grounds but Fearon was able to leave and obtain medical assistance[citation needed]. Martin subsequently left the farm and spent the night at a friend's house[citation needed].

On January 10, 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 [3](with an additional 12 months arising from previous offences). Fearon was released on August 10, 2001[3].

[edit] Murder trial

On 1999-08-23 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[3].

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"[4]. However, they found Martin guilty of murder by a 10 to 2 majority[5]. He was sentenced to life in prison, the mandatory sentence for murder under English law.

[edit] Appeal

An appeal was lodged and was considered 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 cut to three years. Both sentences were to run concurrently[6].

[edit] 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 not stating a reason for the rejection[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 July 28, 2003 Martin was released after serving over three years of his five year sentence [3], the maximum period for which he could be held following good behaviour.

[edit] Aftermath

The family of 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 reported 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].

[edit] Martin and politics

Since his release Martin has appeared on the platform of the United Kingdom Independence Party [14] and has also endorsed the British National Party[15]. Both parties have advocated changes in the law to stop prosecutions of people attacking 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.

[edit] See also

[edit] References

  1. ^ a b c "Tony Martin: Crime and controversy", BBC News, 2003-06-13. Retrieved on 2007-02-13.
  2. ^ a b Gillan, Audrey. "Bleak world of the loner who killed", The Guardian, 2000-04-20. Retrieved on 2007-02-13.
  3. ^ a b c d e "Timeline: The Tony Martin case", BBC News, 2003-07-28. Retrieved on 2007-02-13.
  4. ^ "A victim, not a hero", The Guardian, 2003-07-29. Retrieved on 2007-02-14.
  5. ^ "Farmer guilty of murdering burglar", BBC News, 2000-04-20. Retrieved on 2007-02-13.
  6. ^ Court of Appeal - Law Report
  7. ^ "Martin's parole bid fails", BBC News, 2003-01-16. Retrieved on 2007-02-13.
  8. ^ Failed attempt to quash parole board decision by Judicial Review - Law Report
  9. ^ "Martin loses parole appeal", The Guardian, 2003-05-08. Retrieved on 2007-02-13.
  10. ^ Morris, Steven. "Legal aid for burglar shot by Tony Martin", The Guardian, 2002-06-06. Retrieved on 2007-02-13.
  11. ^ Allison, Rebecca. "Legal action by burglar 'in doubt'", The Guardian, 2003-08-20. Retrieved on 2007-02-13.
  12. ^ Morris, Steven. "Martin expected to end legal dispute with burglar", The Guardian, 2003-09-22. Retrieved on 2007-02-13.
  13. ^ Morris, Steven, Matt Wells and Alan Travis. "Inquiry into Daily Mirror deal for Tony Martin's inside story", The Guardian, 2003-07-29. Retrieved on 2007-02-13.
  14. ^ Storer, Jackie. "Martin urges 'decency' in politics", BBC News, 2003-10-10. Retrieved on 2007-02-13.
  15. ^ Foggo, Daniel. "Vote BNP and give Britain a dictator, says Tony Martin", Daily Telegraph, 2004-04-18. Retrieved on 2007-02-13.