Tony Martin (farmer)

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.

"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.cite news | title = Tony Martin: Crime and controversy
publisher = BBC News
date = 2003-06-13
url = http://news.bbc.co.uk/1/hi/england/norfolk/3009769.stm

accessdate = 2007-02-13 ] To some he is seen as a trigger-happy and unstable xenophobe, who willfully killed a fleeing boy using an illegally held shotgun. 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.cite news
last = Gillan
first = Audrey
title = Bleak world of the loner who killed
publisher = The Guardian
date = 2000-04-20
url = http://www.guardian.co.uk/martin/article/0,2763,214336,00.html
accessdate = 2007-02-13 ]

Attempted burglary

On the night of 20 August 1999, two burglars - Brendon Fearon, 29, and Fred Barras, 16 - entered Bleak House.cite news
title = Timeline: The Tony Martin case
publisher = BBC News
date = 2003-07-28
url = http://news.bbc.co.uk/1/hi/england/norfolk/3087003.stm
accessdate = 2007-02-13 ] When confronted, they attempted to flee through a window, but were shot by Martin; 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 the house. He was then taken into hospital, where he was treated.Fact|date=February 2007 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 (with an additional 12 months arising from previous offences). Fearon was released on August 10 2001.

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".

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". [cite news
title = A victim, not a hero
publisher = The Guardian
date = 2003-07-29
url = http://www.guardian.co.uk/martin/article/0,,1007693,00.html
accessdate = 2007-02-14 ] However, they found Martin guilty of murder by a 10 to 2 majority. [cite news
title = Farmer guilty of murdering burglar
publisher = BBC News
date = 2000-04-20
url = http://news.bbc.co.uk/1/hi/uk/717511.stm
accessdate = 2007-02-13 ] He was sentenced to life in prison, the mandatory sentence for murder under English law.

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. [ [http://www.bailii.org/ew/cases/EWCA/Crim/2001/2245.html Court of Appeal - Law Report] ]

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. [cite news
title = Martin's parole bid fails
publisher = BBC News
date = 2003-01-16
url = http://news.bbc.co.uk/1/hi/england/2662181.stm
accessdate = 2007-02-13 ] 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. [ [http://www.timesonline.co.uk/tol/news/uk/article1136392.ece "Tony Martin is a dangerous man, says parole chief",] "The Times", 27 May 2003. Retrieved on 16 June 2007.] Martin challenged the decision in the High Court, where the parole board's decision was upheld. [ [http://www.bailii.org/ew/cases/EWHC/Admin/2003/1512.html Failed attempt to quash parole board decision by Judicial Review - Law Report] ] 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. [cite news
title = Martin loses parole appeal
publisher = The Guardian
date = 2003-05-08
url = http://www.guardian.co.uk/martin/article/0,,951953,00.html
accessdate = 2007-02-13 ]

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

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. [cite news
last = Morris
first = Steven
title = Legal aid for burglar shot by Tony Martin
publisher = The Guardian
date = 2002-06-06
url = http://www.guardian.co.uk/martin/article/0,,751000,00.html
accessdate = 2007-02-13] 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. [cite news
last = Allison
first = Rebecca
title = Legal action by burglar 'in doubt'
publisher = The Guardian
date = 2003-08-20
url = http://www.guardian.co.uk/uk_news/story/0,,1021965,00.html
accessdate = 2007-02-13] . Fearon later dropped the case when Martin agreed to drop a counter-claim. [cite news
last = Morris
first = Steven
title = Martin expected to end legal dispute with burglar
publisher = The Guardian
date = 2003-09-22
url = http://www.guardian.co.uk/martin/article/0,,1046851,00.html
accessdate = 2007-02-13]

It has been claimed that Fearon's supporters have put a bounty on Martin's head of several tens of thousands of pounds. Martin sold his version of the story to the "Daily Mirror" for a reputed sum of £125,000. [cite news
last = Morris
first = Steven
coauthors = Matt Wells and Alan Travis
title = Inquiry into Daily Mirror deal for Tony Martin's inside story
publisher = The Guardian
date = 2003-07-29
url = http://www.guardian.co.uk/martin/article/0,,1007952,00.html
accessdate = 2007-02-13] It is, however, claimed that Tony Martin has never cashed, or indeed collected, the cheque. [cite news
last = McViar
first = John
title = Tony Martin: A Right To Kill?
publisher = Artnik
date = 2004-02-01
url = http://www.artnik.org/proddetail.php?prod=1-903906-36-9
accessdate = 2007-07-07]

Martin and politics

Since his release Martin has appeared on the platform of the United Kingdom Independence Party [cite news
last = Storer
first = Jackie
title = Martin urges 'decency' in politics
publisher = BBC News
date = 2003-10-10
url = http://news.bbc.co.uk/1/hi/uk_politics/3180820.stm
accessdate = 2007-02-13] and has also endorsed the British National Party. [cite news
last = Foggo
first = Daniel
title = Vote BNP and give Britain a dictator, says Tony Martin
publisher = Daily Telegraph
date = 2004-04-18
url = http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2004/04/18/nnazi18.xml&sSheet=/news/2004/04/18/ixhome.html
accessdate = 2007-02-13] 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.

Arrest for Theft

On 12 February 2004, Tony Martin was arrested on suspicion of stealing number plates. [ [http://news.scotsman.com/topics.cfm?tid=938&id=175742004 "Tony Martin held for theft"] Scotsman.com, 2004-02-13. Retrieved on 2007-05-08]

ee also

* Theory of self-defence
**Self-defence in English law
**Defence of property.
*Death of John Ward, a similar case in Ireland

References