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Burglar's Rights: Serial burglar shot by farmer protecting his home wins right to sue

Ananova
June 13, 2003
Martin victim wins right to sue

Burglar Brendon Fearon who was shot and injured by Tony Martin has won the right to sue the jailed farmer for damages.

A judge at Nottingham County Court overturned an earlier decision which threw out his claim.

Fearon, 33, hopes to sue Martin for a reported £15,000 following his wounding during a break-in at the farmer's home in Emneth Hungate, Norfolk, in August 1999.

An earlier hearing was told Fearon claimed his injuries, which included a leg wound, had affected his ability to enjoy sex and martial arts and that he had suffered post traumatic stress.

"I have to take the view that there are important issues here that need to be determined and that it would be wrong, subject to other considerations, to deprive the claimant from airing his claim and having a full trial," said District Judge Oliver.

He said to deny Fearon the right to his claim could contravene the burglar's rights under Section 6 of the Human Rights Convention.

The court was also told that the judge considered it inappropriate to deny Fearon's claim because of mistakes made by his solicitor.

"There is not a jot of evidence that Mr Fearon was in any way complicit with that failure," said District Judge Oliver.

Fearon, who has in excess of 30 convictions against his name, was wounded during a break in at Martin's home in Emneth Hungate, in Norfolk, in August 1999. Martin shot dead Fearon's accomplice, 16-year-old Fred Barras, of Newark, Nottinghamshire.

Mr Martin's MP, Tory Henry Bellingham, criticised the decision and said a change in the law was required.

Original Link: http://www.ananova.com/news/story/sm_790139.html

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