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Farmer who shot burglars is refused new appeal

Jason Bennetto Crime Correspondent
Tuesday 22 January 2002 01:00 GMT

Tony Martin, the farmer who shot dead a teenage burglar and wounded his accomplice, has failed in his latest attempt to have his conviction quashed.

Martin has already had a murder conviction for the 1999 double shooting reduced to manslaughter and should be eligible for parole in October.

Lawyers representing the farmer had been attempting to appeal to the House of Lords against his conviction, but according to Martin's supporters three law lords have rejected his request.

His original murder conviction caused a national debate about a home owner's right to use force to defend their property. He was jailed for life at Norwich Crown Court in May 2000 for shooting dead Fred Barras, 16, and wounding Brendon Fearon, now 31, at his remote home – Bleak House, near Emneth, Norfolk.

In October last year, the Court of Appeal reduced Martin's murder conviction to manslaughter through diminished responsibility and cut his life jail sentence to five years.

The judges accepted new psychiatric evidence that Martin was suffering from a paranoid personality disorder when he shot the burglars. But the ruling rejected arguments he acted in self-defence using no more than "reasonable force".

Martin had hoped to go to the House of Lords and have the ruling overturned. But Richard Portham, a neighbour who has been campaigning to clear the farmer's name, said Martin was given the news of the law lords rejection by his lawyers.

"He was phlegmatic about the situation," said Mr Port-ham. "The sadness is that this seems to mark the end of his campaign to clear his name."

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