Tony Martin | |
|---|---|
| Born | Anthony Edward Martin (1944-12-16)16 December 1944 Wisbech, England |
| Died | 2 February 2025(2025-02-02) (aged 80) King's Lynn, England |
| Occupation | Farmer |
| Known for | Sparking nationwide debate onself-defence rights |
| Motive | To defend his home from burglars |
| Criminal charge | Murder (changed tomanslaughter on appeal) |
| Penalty | Life imprisonment with a recommended minimum term of 9 years (reduced to 8 years, then on appeal to 5 years for manslaughter with a 3-year concurrent sentence for wounding) |
| Details | |
| Victims | Brendon Fearon (injured) Fred Barras (killed) |
| Date | 20 August 1999 |
| Locations | Emneth Hungate, England |
| Killed | 1 |
| Injured | 1 |
| Weapons | Pump actionWinchester Model 130012-gauge shotgun |
Anthony Edward Martin (16 December 1944 – 2 February 2025) was an English farmer who shot at twoburglars in his home on 20 August 1999. One burglar died at the scene and the other escaped injured. There was sympathy for Martin from people who supported the right to defend their own homes, but prosecutors cast doubt on his evidence and pointed out that he did not have avalid firearms certificate. He was convicted ofmurder, which was later reduced tomanslaughter on grounds ofdiminished responsibility, and served three years in prison after being deniedparole.
Martin was born inWisbech,Cambridgeshire on 16 December 1944. Part of a prosperous farming family, he attended private schools in Norfolk andOxfordshire. At school, although a successful sportsman, he was not academically gifted. Aged 17, he left school and started travelling, working on Australian farms and as asteward onocean liners. He also worked onScottish oil rigs, but eventually returned to the family farm to run a piggery. In 1979 he inherited Bleak House, aVictorian property nearEmneth Hungate, from an aunt and uncle.[1][2][3]
Martin lived alone at his farmhouse, Bleak House, in Emneth Hungate,Norfolk. He claimed that he had been burgled 10 times over the years, losing £6,000 worth of furniture, though police stated they were unsure whether all of the incidents actually occurred.[4] He also complained about police inaction over the burglaries and claimed that multiple items and furniture were stolen, including dinnerware and a grandfather clock.[4] Martin had equipped himself with an illegally heldpump-actionWinchester Model 130012-boreshotgun, which he claimed to have found.[5]
Changes in legislation in 1988, resulting from theHungerford massacre, had changed the licensing treatment of semiautomatic and pump-action shotguns with a magazine capacity of more than two to equate to that of a firearm, requiring a valid firearms certificate.[6][7] Martin had hisshotgun certificate revoked in 1994 after he found a man stealing apples in his orchard and shot a hole in the back of his vehicle.[8]
29-year-old Brendon Fearon and 16-year-old Fred Barras,burglars fromNewark-on-Trent,[9] broke into Martin's house on the evening of 20 August 1999.[10] Shooting downwards in the dark with his shotgun loaded withbirdshot, Martin shot three times towards the intruders, once when they were in the stairwell and twice more when they were trying to flee through the window of an adjacent ground floor room. Barras was hit in the back and both sustained gunshot injuries to their legs. Both escaped through the window, but Barras died at the scene.[11][4][12] Martin claimed that he opened fire after being woken when the intruders smashed a window. The prosecution accused him of lying in wait for the burglars and opening fire without warning from close range, in retribution for previous break-ins at his home.[13]
On 10 January 2000, Fearon and 33-year-old Darren Bark (who had acted as thegetaway driver), also from Newark-on-Trent, admitted to conspiring to burgle Martin's farmhouse.[citation needed] Fearon was sentenced to three years in prison, and Bark to two and a half years[10] (with an additional 12 months arising from previous offences). Fearon was released on 10 August 2001.[10] Barras had already been convicted of a total of 29 offences by the time of his death at the age of 16, includingassault, seven convictions fortheft and six forfraud.[14] He had been sentenced to two months in a young offenders' institution for assaulting a police officer, theft and being drunk and disorderly. On the night he was killed, Barras had just been released on bail after being accused of stealing garden furniture. His grandmother, Mary Dolan, said: "It's not fair that the farmer has got all the money and he is the one that took Fred away."[15]
On 23 August 1999, Martin was charged with the murder of Barras, theattempted murder of Fearon, "wounding with intent to cause injury" to Fearon and "possessing a firearm with intent to endanger life".[10] Martin did not hold a valid shotgun certificate, let alone the more restrictivefirearms certificate he would have needed to possess the Winchester pump-action shotgun that held a maximum of five rounds.[6][7][8] There was sympathy for Martin from people who supported the right to defend their own homes, but prosecutors cast doubt on his evidence.[12]
English law at the time permitted a person to kill another in self-defence only if the person defending themself 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.[16] The jury at thetrial were told that they had the option of returning a verdict ofmanslaughter rather than murder, if they thought that Martin "did not intend to kill or cause serious bodily harm".[17] However, the jurors found Martin guilty of murder by a 10 to 2 majority.[18]
Martin was sentenced tolife imprisonment, with a recommended minimum term to serve of nine years, soon afterwards reduced to eight years by the Lord Chief Justice.[19]
Martin was told he would have to sell his farm to pay for an appeal against his convictions. He did not qualify for legal aid because he owned his house and hundreds of acres of land attached to it.[15]
Martin's appeal against his convictions and sentence was first considered in October 2001 by three senior judges headed byLord 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 was diagnosed withparanoid personality disorder exacerbated by depression[20] and that his paranoia was specifically directed at anyone intruding into his home; he was also diagnosed withAsperger syndrome.[21] This submission was accepted by the Court of Appeal and, on the grounds ofdiminished 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.[22] Martin was refused permission to appeal the new sentence to theHouse of Lords.[20]
Martin was imprisoned atHighpoint Prison atStradishall in Suffolk following his conviction. When he became eligible for parole and early release in January 2003, theparole board rejected his application without stating a reason.[23] In an interview withThe Times, parole board chairman SirDavid Hatch described Martin as "a very dangerous man" who might still believe his action had been right.[24]
Martin challenged the decision in the High Court, where the parole board's decision was upheld.[25] 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.[26] 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.[10]
In 2003, Fearon received an estimated £5,000 oflegal aid to sue Martin for loss of earnings due to the injuries he had sustained.[27] However, the case was thrown into doubt when photographs were published inThe Sun, showing him "cycling and climbing with little apparent difficulty" suggesting that Fearon's injuries were not as serious as had been claimed.[28] While the case was pending, Fearon was recalled to jail after being charged with the theft of a vehicle while on probation following a conviction for dealing heroin.[29] Fearon later dropped the case when Martin agreed to drop a counterclaim.[30]
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."[15]
The BBC reported in 2003 that Fearon's supporters put a bounty on Martin's head of several tens of thousands of pounds.[12] In July,The Daily Telegraph reported that a cousin of Barras had said that a £60,000 bounty had been put on Martin's head.[31] In October, theDaily Mirror paid Martin £125,000 for an exclusive interview on his release from prison. After investigation, thePress 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".[32]
Following his release, Martin made public appearances as a supporter of theright-wing populistUK Independence Party[33] and was the guest of honour at the Annual Dinner hosted atSimpson's-in-the-Strand by thefar-right organisationTraditional Britain Group in November 2003.[34] He also attended meetings of thefascist andwhite supremacist groupNational Front in Norfolk, and later went on to endorse the far-right and fascistBritish National Party.[35] One of Martin's uncles by marriage,Andrew Fountaine, was a founding member of the National Front.[4][35]
Martin suffered astroke in December 2024. He died atQueen Elizabeth Hospital inKing's Lynn,Norfolk on 2 February 2025, aged 80.[36][37][a]
As he approaches his 59th birthday later this month
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