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 whom he caught in his house. He was sentenced to life in prison, but on appeal this conviction was reduced to manslaughter on grounds of diminished responsibility, as the Courts accepted that Martin suffers from paranoid personality disorder. His sentence was reduced to five years, of which he had to serve three.

1 "Bleak House" shooting
2 Martin and politics
3 Arrest for Theft
4 See also
5 References

[edit] "Bleak House" shooting

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

In 1999, at the time of the event that was to make him famous, Martin was living in an 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 also complained about police inaction over the burglaries. Police sources, however, have expressed doubts that all the incidents took place.^[2]

[edit] Attempted burglary

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On the night of 20 August 1999, two burglars - Brendon Fearon, 29, and Fred Barras, 16 - entered Bleak House.^[3] When 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 while trying to escape the house; he was later found dead in the grounds by a police dog, but Fearon was able to leave and reach aid from a couple that lived near bleak house. He 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. Later that evening, he reported to the local inn and stayed for the night.

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

[edit] 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.^[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. The 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 without stating a reason.^[7] 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.^[8] Martin challenged the decision in the High Court, where the parole board's decision was upheld.^[9] 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.^[10]

On 28 July 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

Fearon's applied for, and received, an estimated £5,000 of legal aid to sue Martin for loss of earnings due to the injury he sustained.^[11] 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.^[12]. Fearon later dropped the case when Martin agreed to drop a counter-claim.^[13]

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.^[14] It is, however, claimed that Tony Martin has never cashed, or indeed collected, the cheque.^[15]

[edit] Martin and politics

Since his release Martin has appeared on the platform of the United Kingdom Independence Party ^[16] and has also endorsed the British National Party.^[17] 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.