Home Office 'suppressed report saying Tony Martin was suitable for early release'

The Home Office suppressed a report that showed the jailed farmer Tony Martin was suitable for early release, a High Court judge was told yesterday.

The report was disclosed to Martin's lawyers yesterday as they renewed their challenge to overturn the Parole Board's decision to keep him behind bars until the end of July.

Bitu Bhalla, for Martin, told Mr Justice Maurice Kay that the report was was "of some considerable relevance" as its contents "eventually show, so far as Mr Martin is concerned, that he has behaved with discretion and co-operation which indicates ultimately that he is suitable for early release."

Martin received an automatic life sentence for shooting a burglar who broke into his farmhouse in Norfolk in 1999, but the murder conviction was reduced to manslaughter and the sentence cut to five years by the Court of Appeal in October 2001.

Mr Bhalla said that on 16 January, when the Parole Board decided against early release, a secret document was sent to the board and not disclosed to Martin without any justification being given.

The Home Office had, only last week, agreed to the document being disclosed to Martin's lawyers on the basis that it would not be revealed to third parties. Yesterday, lawyers for the Parole Board said there was nothing "sinister" in keeping the document from the public.

But Mr Bhalla argued it was an established legal principle that such information should be disclosed in the interests of natural justice.

Failure to disclose had led "to the curious position" that the Parole Board had initially considered an "overwhelmingly significant" document, without Martin's knowledge.

The Parole Board ruled Martin was not eligible for release until he had served two-thirds of his five year sentence after considering reports that he showed no contrition for shooting Fred Barras, 16.

The judge was told the board had also misunderstood the nature of the risk posed by Martin to members of the public. Mr Bhalla said the risk only arose "if someone tries to burgle, murder or otherwise terrorise Mr Martin."

He said there was probably "a greater chance of winning the lottery" than there was of Martin having to defend himself in such circumstances, using excessive force.

Lawyers for the Government argue burglars are members of the public whose safety must be taken into account when considering the risk.

During yesterday's hearing the judge made it clear that the most Martin could hope for, if successful, was that the Parole Board would be ordered to reconsider its decision not to grant an early release.