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Tony Martin's lack of remorse over killing means bid for early prison release fails

Terri Judd
Friday 17 January 2003 01:00 GMT

Tony Martin, the Norfolk farmer whose trial and conviction became a cause célèbre when he shot and killed a teenage burglar, failed yesterday in his application for early release.

Martin, serving a five-year sentence for manslaughter, was turned down for parole partly because he had refused to show sufficient remorse for killing 16-year-old Fred Barras. But friends insisted that Martin was "a man of principle" who would not "demean" himself by apologising.

Sources close to the 57-year-old farmer said his application had also been turned down after probation officers ruled he was a "danger to burglars" and was out of touch with the 21st century.

The farmer, who lived in a dilapidated house in Emneth, Norfolk, was convicted at Norwich Crown Court in April 2000 of murdering the teenager – as well as wounding his companion Brendon Fearon, 30. His conviction was reduced to manslaughter 19 months later by the Court of Appeal, which cut his sentence to five years.

In the original trial, the prosecution said Martin had acted as "jury, judge and executioner" when he fired his illegal pump-action shotgun at the intruders on August 20 1999. Martin, who had been burgled several times, said he was acting in terror and self-defence.

Yesterday's decision was passed to Martin by the governor of Highpoint Prison, in Suffolk, after the Parole Board panel had met in London and rejected his application to be released on licence. Friends said he had been resigned to the fact that he would not be released until July – two-thirds of the way through his sentence – and passed the day attending maths lessons.

Iain McMaster, a supporter of Martin, said: "It was on the cards that he would not get parole given that he hadn't expressed remorse." Last night his solicitor, James Saunders, said that "if it is a case he refused to say sorry, he is really a victim of his own honesty".

Mr Saunders said the decision would only reinforce his client's "bemusement" at the legal system. "On top of everything else one of the burglars [Fearon] is suing him on legal aid," he added.

Richard Portham, a friend, said: "I spoke to Tony on the telephone on Saturday and he told me he had seen the report. He told me that the Norfolk probation service was recommending a refusal of parole because it considered him a danger to burglars. It is a disgrace that he should be kept in prison for that reason."

He added: "I suppose the attitude came across that he'd do it again. I am sure Tony would have given the impression that if people were threatening him, he would have no choice but to defend himself."

Malcolm Starr, who has organised a campaign for Martin's freedom, continued: "It is a shocking and lamentable ruling. Why the hell should he have to apologise for his actions? Mr Martin is a man of principle and wouldn't demean himself by saying sorry."

A spokesman for the Parole Board said last night: "It is a myth that if people don't express regret for the crime you can't get parole."

Showing remorse, she added, was just one of many factors taken into consideration when judging whether a prisoner was rehabilitated.

"The bottom line is always safety to the public and if the risk of the person committing another offence while on parole during that period is too high."

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