Martin appeals third day

17 October 2001



Martin appeal’s third day

By Adrienne Francis

THE High Court appeal by Tony Martin, the Norfolk farmer jailed for life after murdering a teenage burglar, has entered its third day.

Lord Chief Justice Woolf has said that if Mr Martin wins his appeal on the grounds of self-defence, it could lead to a series of legalised killings.

Mr Martins justification for opening fire could leave the law powerless against killers who claimed to be mentally impaired, he said.

Mr Martin, 56, was sentenced at Norwich Crown Court last year for murdering 16-year-old Fred Barras at his Norfolk farmhouse in 1999.

Michael Wolkind QC, who is representing Mr Martin, said sexual abuse in childhood had left the farmer with a lifelong fear of male rape.

The QC is seeking to overturn the murder conviction on the grounds of provocation, diminished responsibility and an unfair trial.

Major Freddy Mead, a firearms expert, gave evidence supporting Mr Martins claim that he started shooting from the staircase.

The prosecution had argued that he lay in wait on the ground floor.

Major Mead said an “instinctive” shot from the stairs could have gone through a 10in gap from up to 14ft away to strike the teenage burglar.

Dr Graham Renshaw, a ballistics expert, said the angle of the staircase wall allowed a 10in “window of opportunity” for the shot.

Lord Woolf said the shot would have had to be extraordinarily accurate.

John Lloyd, a chemist, said that gunshot residue on the banisters backed Mr Martins claims that the first shot came from the stairs.

The hearing continues.

• Tony Martin was denied fair trial, FWi, 16 October, 2001
• Martin murder appeal starts, FWi, 15 October, 2001
  

• Tony Martin wins right to appeal, FWi, 28 July, 2000
  

• Farmer jailed for murder will appeal, FWi, 20 April 2000
  

• Norfolk farmer gets life for murder, FWi, 19 April 2000