Tony Martin (farmer)

Anthony Edward Martin (born 1944) is a Norfolk farmer and cause célèbre as a result of his action in shooting two burglars who were robbing his home; his conviction for murder was highly controversial in the United Kingdom because many believed (and the courts subsequently agreed) the circumstances of the case did not seem to merit the mandatory life sentence associated with murder; the verdict was commuted to manslaughter with an appropriate sentence on appeal.

Martin lived in a run-down, isolated farmhouse in Emneth Hungate, Norfolk, named "Bleak House". He had been burgled several times and in May 1999 had apparently lost £6,000 worth of furniture. He claimed that he attended local meetings organised by police where he expressed his lack of confidence that they could effectively prevent more crime; police officers responsible for local crime enforcement said that he had not.

At his trial, Martin claimed that on the night of August 20, 1999, he was awoken by sounds in his home. He took his illegally-owned shotgun and came downstairs, he claimed, to be confronted by a torch being shone in his face. A 29 year old man, Brendon Fearon, and an accomplice of 16, Fred Barras, were stealing from the house. Martin opened fire three times on the two burglars as they attempted to flee, killing the youth, who was shot in the back, and injuring the older man. Martin left them to die and stayed the night at a friend's house. Martin was later arrested and charged with the murder of Barras and the wounding of Fearon with intent to cause grievous bodily harm. Martin was bailed; it was claimed that there could have been an underworld contract on his head for up to £60,000, but this claim has not been substantiated.

The jury at the trial concluded by a 10 to 2 majority that Martin could not have used 'reasonable force' to fend off an assault, because the two were already trying to make their escape and Barras had been shot in the back. In short, they did not believe his story, having heard evidence that Martin had a history of misuse of firearms, at one point firing a shotgun on children scrumping apples, and that he had said that he wanted to kill gypsies, whom he blamed for the burglaries. They had been told that they had the option of returning a verdict of manslaughter if they thought that Tony Martin "did not intend to kill or cause serious bodily harm". They did not.

Martin was duly sentenced to life in prison, the mandatory sentence for murder. The case had attracted considerable media interest and the life sentence shocked many. An appeal was lodged and, in due course, Martin's appeal went before three senior judges headed by Lord Lane.

Martin's case was highlighted by William Hague, then leader of the Tories. Hague's actions arguably contributed to his growing image as the opportunist 'Billy Bandwagon' as it was thought Martin's case had little appeal beyond the Tory 'core vote'.

Submissions by the defence that Martin had fired in self defence were rejected by the appeal court. But 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 Martin's murder conviction vacated and replaced with manslaughter carrying a five year sentence.

Martin became eligible for parole and early release. However the Parole Board rejected his application; 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. At this stage of his sentence (and indeed to this day) Martin publicly refused to acknowledge his guilt and stated that he would do the same thing again if he encountered the same circumstances.

On July 28, 2003 Martin was released after serving three years of his five year sentence, three days after the surviving burglar, Fearon, who served 18 months for the burglary. The family of Fearon applied for, and received, an estimated £5,000 of legal aid to sue Martin for loss of earnings due to the injury he sustained, but later dropped the case. Martin sold his version of the story to the Daily Mirror; the government launched an investigation into the law against convicted criminals receiving payments from newspapers.

Since his release Martin has appeared on the platform of the right wing United Kingdom Independence Party and has also endorsed the far right wing British National Party. His late uncle, Andrew Fountaine, was a leading figure in right wing extremist politics.

External links

• Tony Martin's support group (http://www.tonymartinsupportgroup.org/)
• BBC timeline for the case (http://news.bbc.co.uk/1/hi/uk/1604238.stm)
• Guardian account of parole board verdict (http://www.guardian.co.uk/martin/article/0,,951953,00.html)
• "Norwich crown court heard that the farmer had talked of putting Gypsies in the middle of a field, surrounding it with barbed wire and machine gunning them. Fred Barras, the boy he killed, was both of these things: a Gypsy and a thief." (http://www.guardian.co.uk/martin/article/0,2763,214336,00.html)