Brendon Fearon
Encyclopedia
Brendon Fearon of Newark-on-Trent
, Nottinghamshire
was convicted for conspiring to burgle the home of farmer Tony Martin
on 20 August 1999. His accomplice, 16-year-old Fred Barras, was fatally shot by Martin near his remote farmhouse in Emneth Hungate
, Norfolk
. Fearon, aged 29 at the time, was hospitalised with gunshot wounds to his legs.
, had been convicted at that point of about thirty offences, starting with handling stolen goods in September 1986, for which he was fined £25, through theft, burglary, drugs, fraud and wounding, for which he received a one year prison sentence, his third and at the time longest custodial sentence, in May 1997.
Other crimes included obtaining property by deception, criminal damage, failing to surrender to bail, attempted burglary, and theft from a vehicle.
, to drive Fred Barras and himself to the farm. Bark stayed in the car waiting in a lane, while Fearon and Barras entered the farmhouse. 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 at the site, but Fearon managed to escape and obtain medical assistance from a couple in a cottage nearby. Martin subsequently left the farm and spent the night at a friend's house.
On 10 January 2000 Fearon and Bark 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 10 August 2001.
In April of the same year Martin was convicted of murdering
Barras, the charge was reduced to manslaughter
, the sentence to 5 years, on appeal, due to diminished responsibility
. Fearon was released after eighteen months, Martin after about three years, having been refused early parole.
to sue Martin for loss of earnings due to the injury he sustained. However, the case was thrown into doubt when photographs of Fearon cycling were published in The Sun
showing Fearon's injuries were not as serious as had been claimed. Fearon later dropped the case when Martin agreed to drop a counter-claim.
was criticised for making a monetary payment, widely reported to be £4,500, to Fearon in return for an interview. The interview and information thus gathered was intended for a documentary being made about the case. The payment was justified by the BBC on the basis that Fearon was the only person who could provide specific information on what happened during the Tony Martin break-in. Critics, including John Humphrys
on the Today programme
responded that the Fearon's testimony was a matter of public record. Lord Falconer of Thoroton, the Lord Chancellor
, described the BBC payment as a "disgusting warping of our values".. Brendon Fearon was also approached to appear in an episode of Real Crime
named 'A Shot in the Dark' shown on ITV 1 in 2008. As in 2005 he demanded a fee but this time his request was declined and he did not appear.
after serving less than a third of his 18-month sentence - just days before Martin's release. The Home Secretary, David Blunkett
requested an explanation from the head of the prison service
.
On 2 September 2003 Fearon was arrested for taking a Toyota Land Cruiser
on 24 August without the owner's consent
. On 9 November 2003, he was found guilty of driving the vehicle without insurance and recalled to prison to serve the remainder of the preceding sentence.
In August 2005 Fearon was arrested with Dean Thompson, accused of drawing out £11,000 from a bank machine using stolen cash cards. Fearon was bailed to appear before magistrates in October.
In February 2006, Fearon was banned from two public houses in Newark. The Crown Court Judge called Fearon "a menace" and issued him with an 18 month community order for his part in causing a large disorder occurring at the said locations.
Newark-on-Trent
Newark-on-Trent is a market town in Nottinghamshire in the East Midlands region of England. It stands on the River Trent, the A1 , and the East Coast Main Line railway. The origins of the town are possibly Roman as it lies on an important Roman road, the Fosse Way...
, Nottinghamshire
Nottinghamshire
Nottinghamshire is a county in the East Midlands of England, bordering South Yorkshire to the north-west, Lincolnshire to the east, Leicestershire to the south, and Derbyshire to the west...
was convicted for conspiring to burgle the home of farmer Tony Martin
Tony Martin (farmer)
Anthony Edward "Tony" Martin is a farmer from Norfolk, England, who in 1999 killed one burglar and wounded another who had both entered his home...
on 20 August 1999. His accomplice, 16-year-old Fred Barras, was fatally shot by Martin near his remote farmhouse in Emneth Hungate
Emneth Hungate
Emneth Hungate is a small settlement in Norfolk, England. It is close to the village of Emneth in Cambridgeshire. It once had its own Emneth railway station on the now closed line between Watlington and Wisbech.- Notable residents :...
, Norfolk
Norfolk
Norfolk is a low-lying county in the East of England. It has borders with Lincolnshire to the west, Cambridgeshire to the west and southwest and Suffolk to the south. Its northern and eastern boundaries are the North Sea coast and to the north-west the county is bordered by The Wash. The county...
. Fearon, aged 29 at the time, was hospitalised with gunshot wounds to his legs.
Background
Fearon, a career criminal and Irish travellerIrish Traveller
Irish Travellers are a traditionally nomadic people of ethnic Irish origin, who maintain a separate language and set of traditions. They live predominantly in the Republic of Ireland, the United Kingdom and the United States.-Etymology:...
, had been convicted at that point of about thirty offences, starting with handling stolen goods in September 1986, for which he was fined £25, through theft, burglary, drugs, fraud and wounding, for which he received a one year prison sentence, his third and at the time longest custodial sentence, in May 1997.
Other crimes included obtaining property by deception, criminal damage, failing to surrender to bail, attempted burglary, and theft from a vehicle.
Bleak House burglary
Fearon had planned to burgle Bleak House, belonging to Tony Martin, after he had heard fellow Irish travellers talking in a Newark pub two months earlier about the farm, which had been burgled several times. On 20 August, Fearon persuaded Darren Bark (then 33 years old), also from Newark-on-TrentNewark-on-Trent
Newark-on-Trent is a market town in Nottinghamshire in the East Midlands region of England. It stands on the River Trent, the A1 , and the East Coast Main Line railway. The origins of the town are possibly Roman as it lies on an important Roman road, the Fosse Way...
, to drive Fred Barras and himself to the farm. Bark stayed in the car waiting in a lane, while Fearon and Barras entered the farmhouse. 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 at the site, but Fearon managed to escape and obtain medical assistance from a couple in a cottage nearby. Martin subsequently left the farm and spent the night at a friend's house.
On 10 January 2000 Fearon and Bark 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 10 August 2001.
In April of the same year Martin was convicted of murdering
Murder in English law
Murder is an offence under the common law of England and Wales. It is considered the most serious form of homicide, in which one person kills another either intending to cause death or intending to cause serious injury .-Actus reus:The definition of the actus reus Murder is an offence under the...
Barras, the charge was reduced to manslaughter
Manslaughter in English law
In the English law of homicide, manslaughter is a less serious offence than murder, the differential being between levels of fault based on the mens rea . In England and Wales, the usual practice is to prefer a charge of murder, with the judge or defence able to introduce manslaughter as an option...
, the sentence to 5 years, on appeal, due to diminished responsibility
Diminished responsibility in English law
In English law, diminished responsibility is one of the partial defences that reduce the offence from murder to manslaughter if successful . This allows the judge sentencing discretion, e.g. to impose a hospital order under section 37 Mental Health Act 1983 to ensure treatment rather than...
. Fearon was released after eighteen months, Martin after about three years, having been refused early parole.
Compensation claim
During 2003, Fearon applied for, and received, an estimated £5,000 of legal aidLegal aid
Legal aid is the provision of assistance to people otherwise unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to counsel and the right to a fair trial.A number of...
to sue Martin for loss of earnings due to the injury he sustained. However, the case was thrown into doubt when photographs of Fearon cycling were published in The Sun
The Sun (newspaper)
The Sun is a daily national tabloid newspaper published in the United Kingdom and owned by News Corporation. Sister editions are published in Glasgow and Dublin...
showing Fearon's injuries were not as serious as had been claimed. Fearon later dropped the case when Martin agreed to drop a counter-claim.
BBC documentary
In March 2005, the BBCBBC
The British Broadcasting Corporation is a British public service broadcaster. Its headquarters is at Broadcasting House in the City of Westminster, London. It is the largest broadcaster in the world, with about 23,000 staff...
was criticised for making a monetary payment, widely reported to be £4,500, to Fearon in return for an interview. The interview and information thus gathered was intended for a documentary being made about the case. The payment was justified by the BBC on the basis that Fearon was the only person who could provide specific information on what happened during the Tony Martin break-in. Critics, including John Humphrys
John Humphrys
Desmond John Humphrys , is a Welsh-born British author, journalist and presenter of radio and television, who has won many national broadcasting awards...
on the Today programme
Today programme
Today is BBC Radio 4's long-running early morning news and current affairs programme, now broadcast from 6.00 am to 9.00 am Monday to Friday, and 7.00 am to 9.00 am on Saturdays. It is also the most popular programme on Radio 4 and one of the BBC's most popular programmes across its radio networks...
responded that the Fearon's testimony was a matter of public record. Lord Falconer of Thoroton, the Lord Chancellor
Lord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
, described the BBC payment as a "disgusting warping of our values".. Brendon Fearon was also approached to appear in an episode of Real Crime
Real Crime
Real Crime is a British documentary television series produced by ITV Studios for the ITV network. Each episode examines a notorious crime and includes interviews with relatives of the victims. It has been broadcast since 2001 and is currently in its tenth series...
named 'A Shot in the Dark' shown on ITV 1 in 2008. As in 2005 he demanded a fee but this time his request was declined and he did not appear.
Subsequent allegations
Fearon was again jailed for 18 months on 6 February 2003 for dealing in heroin. Controversy was again provoked, in July 2003 when Fearon left Ranby prisonRanby (HM Prison)
HM Prison Ranby is a Category C men's prison, located in the village of Ranby in Nottinghamshire, England. The prison is operated by Her Majesty's Prison Service.-History:...
after serving less than a third of his 18-month sentence - just days before Martin's release. The Home Secretary, David Blunkett
David Blunkett
David Blunkett is a British Labour Party politician and the Member of Parliament for Sheffield Brightside and Hillsborough, having represented Sheffield Brightside from 1987 to 2010...
requested an explanation from the head of the prison service
Her Majesty's Prison Service
Her Majesty's Prison Service is a part of the National Offender Management Service of the Government of the United Kingdom tasked with managing most of the prisons within England and Wales...
.
On 2 September 2003 Fearon was arrested for taking a Toyota Land Cruiser
Toyota Land Cruiser
The is a series of four-wheel drive vehicles produced by the Japanese car maker Toyota Motor Corporation. It is not related to the Studebaker Land Cruiser car produced in the US from 1934-1954....
on 24 August without the owner's consent
TWOC
TWOC is an acronym standing for Taking Without Owner's Consent. Synonyms used by police in the UK include UTMV: Unlawful Taking of a Motor Vehicle, and TADA or TDA: Taking and Driving Away...
. On 9 November 2003, he was found guilty of driving the vehicle without insurance and recalled to prison to serve the remainder of the preceding sentence.
In August 2005 Fearon was arrested with Dean Thompson, accused of drawing out £11,000 from a bank machine using stolen cash cards. Fearon was bailed to appear before magistrates in October.
In February 2006, Fearon was banned from two public houses in Newark. The Crown Court Judge called Fearon "a menace" and issued him with an 18 month community order for his part in causing a large disorder occurring at the said locations.