Tony Martin (farmer)
Encyclopedia
Anthony Edward "Tony" Martin (born 1944) is a farmer from Norfolk
, England
, who in 1999 killed one burglar and wounded another who had both entered his home. He was convicted of murder
, replaced with manslaughter
on appeal, and as a result became a cause célèbre
, and polarised opinion in the United Kingdom.
, Norfolk, nicknamed Bleak House
, which he inherited at age 35 from his uncle. He claimed to have been burgled a total of ten times, losing £
6,000 worth of furniture. Martin also complained about police inaction over the burglaries. The police reports state that multiple items and furniture were stolen such as dinnerware and a grandfather clock.
On the night of 20 August 1999, two burglars – Brendon Fearon
, 29, and Fred Barras 16 – broke into Martin's house. Shooting downwards in the dark, with a pump-action
Winchester
shotgun
, Martin shot towards the intruders. Fearon was hit in the leg, and Barras in the back. Barras escaped through the window but died at the scene.
On 10 January 2000, Fearon and Darren Bark, 33 (who had acted as the getaway driver), 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 10 August 2001. Fred Barras, the dead youth, had accumulated a lengthy criminal record, having been arrested 29 times by the time of his death at the age of 16, and had been sentenced to two months in a young offenders' institution for assaulting a policeman, theft and being drunk and disorderly. On the night he was killed, the teenager had just been released on bail after being accused of stealing garden furniture. Barras' grandmother, Mary Dolan, stated: "It's not fair that the farmer has got all the money and he is the one that took Fred away."
of Barras, the attempted murder
of Fearon, "wounding with intent to cause injury" to Fearon, and "possessing a firearm with intent to endanger life".
English law permits one person to kill another in self defence only if the person defending him or herself uses no more than "reasonable force"; it is the responsibility of the jury
to determine whether or not an unreasonable amount of force was used. 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". However, the jurors found Martin guilty of murder by a 10 to 2 majority.
He was sentenced to life in prison, the mandatory sentence for murder under English law. Nick Makin, Martin's solicitor, said: "It is appalling that the family of someone who has a criminal record for burglary and assault should attempt to claim any damages of criminal injury when he was shot while burgling the dwelling of an innocent person... It is also appalling that they may get legal aid while his victim is in prison and patently unable to work and equally cannot get legal aid... There is something wrong and perverse with our legal system that it permits this."
was considered in October 2001 by three senior judges headed by Lord Woolf, LCJ. Submissions by the defence that Martin had fired in his own defence were rejected by the appeal court. On this occasion the defence also 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.
. When he became eligible for parole
and early release in January 2003, the Parole Board
rejected his application without stating a reason. 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.
Martin challenged the decision in the High Court, where the parole board's decision was upheld. 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. On 28 July 2003, Martin was released after serving three years of his five-year sentence, the maximum period for which he could be held following good behaviour.
to sue Martin for loss of earnings due to the injuries he had sustained. However, the case was thrown into doubt when photographs were published in The Sun
, showing him "cycling and climbing with little apparent difficulty" suggesting that Fearon's injuries were not as serious as had been claimed. While the case was pending, Fearon was recalled to jail after being charged with the theft of a vehicle while on probation on a conviction for dealing heroin. Fearon later dropped the case when Martin agreed to drop a counter-claim. Tens of thousands of pounds of public money had been spent on the case.
paid Martin £125,000 for an exclusive interview on his release from prison. After investigation, the Press Complaints Commission
ruled that the payment was justified and in the public interest because Martin "had a unique insight into an issue of great public concern".
TV soap opera Brookside
was based on the Tony Martin case; when Clint Moffat (played by Greg Pateras) was shot dead by neighbour Ron Dixon
(Vince Earl
) while burgling his house.
and has endorsed the British National Party
. He has also attended meetings of the National Front (United Kingdom).
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...
, England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
, who in 1999 killed one burglar and wounded another who had both entered his home. He was convicted of murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
, replaced with manslaughter
Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...
on appeal, and as a result became a cause célèbre
Cause célèbre
A is an issue or incident arousing widespread controversy, outside campaigning and heated public debate. The term is particularly used in connection with celebrated legal cases. It is a French phrase in common English use...
, and polarised opinion in the United Kingdom.
Burglary and shooting
In 1999, Martin, a bachelor, was living alone at his farmhouse in Emneth HungateEmneth 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, nicknamed Bleak House
Bleak House
Bleak House is the ninth novel by Charles Dickens, published in twenty monthly installments between March 1852 and September 1853. It is held to be one of Dickens's finest novels, containing one of the most vast, complex and engaging arrays of minor characters and sub-plots in his entire canon...
, which he inherited at age 35 from his uncle. He claimed to have been burgled a total of ten times, losing £
Pound sterling
The pound sterling , commonly called the pound, is the official currency of the United Kingdom, its Crown Dependencies and the British Overseas Territories of South Georgia and the South Sandwich Islands, British Antarctic Territory and Tristan da Cunha. It is subdivided into 100 pence...
6,000 worth of furniture. Martin also complained about police inaction over the burglaries. The police reports state that multiple items and furniture were stolen such as dinnerware and a grandfather clock.
On the night of 20 August 1999, two burglars – Brendon Fearon
Brendon Fearon
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...
, 29, and Fred Barras 16 – broke into Martin's house. Shooting downwards in the dark, with a pump-action
Pump-action
A pump-action rifle or shotgun is one in which the handgrip can be pumped back and forth in order to eject a spent round of ammunition and to chamber a fresh one. It is much faster than a bolt-action and somewhat faster than a lever-action, as it does not require the trigger hand to be removed from...
Winchester
Winchester Repeating Arms Company
The Winchester Repeating Arms Company was a prominent American maker of repeating firearms, located in New Haven, Connecticut. The Winchester brand is today used under license by two subsidiaries of the Herstal Group, Fabrique Nationale of Belgium and the Browning Arms Company of Morgan, Utah.-...
shotgun
Shotgun
A shotgun is a firearm that is usually designed to be fired from the shoulder, which uses the energy of a fixed shell to fire a number of small spherical pellets called shot, or a solid projectile called a slug...
, Martin shot towards the intruders. Fearon was hit in the leg, and Barras in the back. Barras escaped through the window but died at the scene.
On 10 January 2000, Fearon and Darren Bark, 33 (who had acted as the getaway driver), both from Newark-on-Trent
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...
, 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. Fred Barras, the dead youth, had accumulated a lengthy criminal record, having been arrested 29 times by the time of his death at the age of 16, and had been sentenced to two months in a young offenders' institution for assaulting a policeman, theft and being drunk and disorderly. On the night he was killed, the teenager had just been released on bail after being accused of stealing garden furniture. Barras' grandmother, Mary Dolan, stated: "It's not fair that the farmer has got all the money and he is the one that took Fred away."
Murder trial
On 23 August 1999, Martin was charged with the murderMurder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
of Barras, the attempted murder
Attempted murder
Attempted murder is a crime in England and Wales and Northern Ireland.-Today:In English criminal law, attempted murder is the crime of more than merely preparing to commit unlawful killing and at the same time having a specific intention to cause the death of human being under the Queen's Peace...
of Fearon, "wounding with intent to cause injury" to Fearon, and "possessing a firearm with intent to endanger life".
English law permits one person to kill another in self defence only if the person defending him or herself uses no more than "reasonable force"; it is the responsibility of the jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
to determine whether or not an unreasonable amount of force was used. The jury at the trial
Trial (law)
In law, a trial is when parties to a dispute come together to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court...
were told that they had the option of returning a verdict of manslaughter
Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...
rather than murder, if they thought that Martin "did not intend to kill or cause serious bodily harm". However, the jurors found Martin guilty of murder by a 10 to 2 majority.
He was sentenced to life in prison, the mandatory sentence for murder under English law. Nick Makin, Martin's solicitor, said: "It is appalling that the family of someone who has a criminal record for burglary and assault should attempt to claim any damages of criminal injury when he was shot while burgling the dwelling of an innocent person... It is also appalling that they may get legal aid while his victim is in prison and patently unable to work and equally cannot get legal aid... There is something wrong and perverse with our legal system that it permits this."
Appeal
An appealAppeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
was considered in October 2001 by three senior judges headed by Lord Woolf, LCJ. Submissions by the defence that Martin had fired in his own defence were rejected by the appeal court. On this occasion the defence also submitted evidence that Martin suffered paranoid personality disorder
Paranoid personality disorder
Paranoid personality disorder is a psychiatric diagnosis characterized by paranoia and a pervasive, long-standing suspiciousness and generalized mistrust of others....
specifically directed at anyone intruding into his home. This submission was accepted by the Court of Appeal and, on the grounds of diminished responsibility
Diminished responsibility
In criminal law, diminished responsibility is a potential defense by excuse by which defendants argue that although they broke the law, they should not be held fully criminally liable for doing so, as their mental functions were "diminished" or impaired. The defense's acceptance in American...
, 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.
Parole applications and release
Martin was imprisoned in Highpoint Prison, SuffolkSuffolk
Suffolk is a non-metropolitan county of historic origin in East Anglia, England. It has borders with Norfolk to the north, Cambridgeshire to the west and Essex to the south. The North Sea lies to the east...
. When he became eligible for parole
Parole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...
and early release in January 2003, the Parole Board
Parole Board
A parole board is a panel of people who decide whether an offender should be released from prison on parole after serving at least a minimum portion of their sentence as prescribed by the sentencing judge. Parole boards are used in many jurisdictions, including the United Kingdom and the United...
rejected his application without stating a reason. The chairman of the parole board, Sir David Hatch
David Hatch
Sir David Hatch was involved in production and management at BBC Radio, where he held many executive positions, including Head of Light Entertainment , Controller of BBC Radio 2 and BBC Radio 4 and later Managing Director of BBC Radio.- Education :He attended St John's School, Leatherhead and...
, in an interview with The Times
The Times
The Times is a British daily national newspaper, first published in London in 1785 under the title The Daily Universal Register . The Times and its sister paper The Sunday Times are published by Times Newspapers Limited, a subsidiary since 1981 of News International...
described Martin as "a very dangerous man" who may still believe his action had been right.
Martin challenged the decision in the High Court, where the parole board's decision was upheld. 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. On 28 July 2003, Martin was released after serving three years of his five-year sentence, 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 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 injuries he had sustained. However, the case was thrown into doubt when photographs 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 him "cycling and climbing with little apparent difficulty" suggesting that Fearon's injuries were not as serious as had been claimed. While the case was pending, Fearon was recalled to jail after being charged with the theft of a vehicle while on probation on a conviction for dealing heroin. Fearon later dropped the case when Martin agreed to drop a counter-claim. Tens of thousands of pounds of public money had been spent on the case.
Threats to Tony Martin's life
The BBC reported in 2003 that Fearon's supporters put a bounty on Martin's head of several tens of thousands of pounds. In 2003 The Guardian reported that a cousin of Barras had said that a £60,000 bounty had been put on Martin's head.£125,000 payment to Martin
In October 2003, The Daily MirrorThe Daily Mirror
The Daily Mirror is a British national daily tabloid newspaper which was founded in 1903. Twice in its history, from 1985 to 1987, and from 1997 to 2002, the title on its masthead was changed to read simply The Mirror, which is how the paper is often referred to in popular parlance. It had an...
paid Martin £125,000 for an exclusive interview on his release from prison. After investigation, the Press Complaints Commission
Press Complaints Commission
The Press Complaints Commission is a voluntary regulatory body for British printed newspapers and magazines, consisting of representatives of the major publishers. The PCC is funded by the annual levy it charges newspapers and magazines...
ruled that the payment was justified and in the public interest because Martin "had a unique insight into an issue of great public concern".
In popular culture
In May 2001, a storyline in the Channel 4Channel 4
Channel 4 is a British public-service television broadcaster which began working on 2 November 1982. Although largely commercially self-funded, it is ultimately publicly owned; originally a subsidiary of the Independent Broadcasting Authority , the station is now owned and operated by the Channel...
TV soap opera Brookside
Brookside
Brookside is a defunct British soap opera set in Liverpool, England. The series began on the launch night of Channel 4 on 2 November 1982, and ran for 21 years until 4 November 2003...
was based on the Tony Martin case; when Clint Moffat (played by Greg Pateras) was shot dead by neighbour Ron Dixon
Ron Dixon
Ronald Dixon is a former American football wide receiver for the New York Giants in the National Football League. His most notable performance was his 97 yard kick return for a touchdown in Super Bowl XXXV. Dixon's return was the only score for the Giants as they went on to lose to the Baltimore...
(Vince Earl
Vince Earl
Vince 'Mark' Earl Vince 'Mark' Earl Vince 'Mark' Earl (born 11 June 1944 in Birkenhead, Cheshire (now in Merseyside) is an English singer, comedian and actor most famous for his portrayal of the character Ron Dixon in the soap opera Brookside....
) while burgling his house.
Political activities
Since his release Martin has appeared on the platform of the United Kingdom Independence PartyUnited Kingdom Independence Party
The United Kingdom Independence Party is a eurosceptic and right-wing populist political party in the United Kingdom. Whilst its primary goal is the UK's withdrawal from the European Union, the party has expanded beyond its single-issue image to develop a more comprehensive party platform.UKIP...
and has endorsed the British National Party
British National Party
The British National Party is a British far-right political party formed as a splinter group from the National Front by John Tyndall in 1982...
. He has also attended meetings of the National Front (United Kingdom).
Books
- Martin, T. (with John McVicarJohn McVicarJohn McVicar is a British journalist and one-time convicted armed robber.-Career:In the 1960s, he was an armed robber who was tagged "Public Enemy No. 1" by Scotland Yard. He was apprehended and given a 23-year jail sentence. He escaped from prison on several occasions and after his final...
- editor) (2004), A Right to Kill? : Tony Martin's Story, Artnik, ISBN 1903906369, ISBN 978-1903906361. - Saunders, J. (2001), Tony Martin and the Bleak House Tragedy, True Crime Library/Forum Press, ISBN 1874358370, ISBN 978-1874358374.
See also
- Defence of propertyDefense of propertyThe defence of property is a possible justification used by defendants who argue that they should not be held liable for the loss and injury they have caused because they were acting to protect their property. Courts have generally ruled that the use of force may be acceptable.-English...
- Joe Horn shooting controversyJoe Horn shooting controversyThe Joe Horn shooting controversy refers to the events of November 14, 2007, in Pasadena, Texas, United States when local resident Joe Horn shot and killed two men burgling his neighbor's home. Publicized recordings of Horn's exchange with emergency dispatch indicate that he was asked repeatedly...
- Self-defence in English lawSelf-defence in English lawSelf-defence is part of private defence, the doctrine in English law that one can act to prevent injury to oneself or others or to prevent crime more generally – one has the same right to act to protect others as to protect oneself. This defence arises both from common law and the Criminal Law Act...
- Bernhard GoetzBernhard GoetzBernhard Goetz is an American man best known for shooting four young African American men who tried to mug him on a New York City Subway train, resulting in his conviction for illegal possession of a firearm. He came to symbolize New Yorkers’ frustrations with the high crime rates of the early...
- Death of John Ward
- Munir Hussain and victims' rightsMunir Hussain and victims' rightsMunir Hussain is a British businessman and community leader. He was jailed for 30 months following an attack on a burglar who had broken into his home and threatened him and his family...
- Omari Roberts