LANDMARK CASE
THE controversial case sparked a national debate on how far people can go in defending their homes.
Nearly two decades later, a pensioner stabbing an armed burglar to death has stoked a fresh row over homeowners' rights. But what exactly happened in the Tony Martin case, who were the burglars and has the law changed now?
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What was the Tony Martin shooting case?
Farmer Tony Martin shot dead a 16-year-old burglar with a pump action shotgun on his Norfolk farm in 1999.
He fired his illegal gun three times towards the two intruders, killing one and wounding another.
Now in his 70s, Martin has never expressed remorse about his actions, arguing it was 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.his right to defend his home.
The case has become central in the debate over which measures homeowners can take to defend their property.
What happened to Fred Barras and Brendon Fearon?
Attempting burglary, Barras, 16, and Fearon, 29, broke into the house together.
They were shots at once when they were in the stairwell and twice more when they were trying to flee.
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.
After the burglary and Barras' death, Fearon and getaway driver Darren Bark, 33, admitted to conspiring to burgle Martin's farmhouse on August 20, 1999.
Fearon was sentenced to 36 months in prison, while Bark was handed 30 months.
In 2003, Fearon applied for, and received, an estimated £5,000 of legal aid to sue Martin for loss of earnings due to the injuries he had sustained.
However, the case was thrown into doubt when photographs were published in The Sun, showing him "cycling and climbing with little apparent difficulty" - suggesting that Fearon's injuries were not as serious as had been claimed.
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Why was the Norfolk farmer jailed?
On 23 August 1999, Martin was charged with the murder of Barras, the attempted murder of Fearon, wounding with intent to cause injury to Fearon, and possessing a firearm with intent to endanger life.
Martin did not hold a valid shotgun licence, nor the more restrictive Firearms Certificate he would have needed to possess the Winchester pump action shotgun that held a maximum of five rounds.
At his trial, the jury found him guilty of murder by a 10 to 2 majority, finding there was intent to kill.
English law permits one person to kill another in self-defence only if the person defending him or herself 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.
He was sentenced to life imprisonment was reduced after an appeal in October 2001 included evidence that Martin was diagnosed with paranoid personality disorder exacerbated by depression.
He was also diagnosed with paranoid personality disorder, and on the grounds of diminished responsibility his sentence was reduced to five years.
Martin was finally released in 2003 after three years, the maximum period for which he could be held following good behaviour.
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What's the new law?
It's believed the Tony Martin and other similar cases played a role in the 2012 law to give extra legal protection to householders who attack burglars.
The Criminal Law (Defence and Dwelling) Act 2011 allows for a person to use reasonable force in defending their home in order to protect themselves and their property.
The Act says that a person is not obligated to retreat from their home if there is an intruder.
Tony Martin welcomed the law, saying people should not "live in fear in their home".
In an interview with The Times in November 2018, Tony Martin said that he would not hesitate to kill an intruder to his home again.
Scene at Hither Green as homeowner, 78, is arrested after ‘burglar’ stabbed to death with screwdriver at London home
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