Martin burglar can sue (Tony, kill the 'wanker' next time! )

The Daily Telegraph ^ | June 13, 2003

[UnklGene]

Martin victim can sue (Filed: 13/06/2003)

The burglar shot and injured by Tony Martin has won his case to make a second attempt to sue the jailed farmer for damages.

Brendon Fearon Brendon Fearon, 33, asked a judge at Nottingham County Court to overturn an earlier decision that threw out his claim. Fearon hopes to sue Martin for a reported £15,000 following his wounding during a break-in at the farmer's home in Norfolk, in August 1999.

District Judge Brian Oliver said: "I conclude that it is proper I grant the relief that the claimant seeks."

He sent the case to be heard at the Royal Courts of Justice and the court was told a date was likely to be set when both men were released from prison terms.

The court had been told that an original application to make a claim for damages had been struck out by a judge in April after Fearon's solicitor failed to lodge court papers and a fee to the court on time.

During the burglary Martin shot dead Fearon's accomplice, 16-year-old Fred Barras, of Newark, Nottinghamshire. Fearon claims that his injuries, which included a leg wound, have affected his ability to enjoy sex and martial arts and that he has suffered post-traumatic stress.

Fearon, who did not attend the previous hearing, was jailed for his part in the raid on Martin's home and has more than 30 criminal convictions. He has been granted legal aid to mount his claim for damages, but at a hearing at Nottingham County Court in April a judge threw out the application.

[stands2reason]

Comment Removed by Moderator

[UnklGene]

I don't enjoy sex and martial arts as much since you shot me whilst criminally 'burglarizing' your home.

[Nov3]

I say we take up a fund to move him over here. The Tony Martin Freedom Fund

[Qwerty]

Hard to believe that you can go to jail for defending yourself... and THEN be sued.

[Nov3]

That can happen here in New york and New Jersey

[CindyDawg]

Just finished my firearm safety class. Instructor taught that along with shooting someone in self defence be prepared for a home owners lawsuit. Evidently insurance companies will settle to keep from going to court. He said he knew of one case where a burgler sued and won because if the house had been more secure he couldn't have gotten thru the sky lites which his laywer felt weren't installed correctly, so it seems like it's happening here too. We need a law, that you can file criminal charges but not civil if you are involved in a crime at the time.

[Qwerty]

"That can happen here in New york and New Jersey"

Yep. I used to live in Jersey. Big time gun grabbers there...

[OldPossum]

I am not certain of this but I believe that some states have enacted legislation which protects victims of crime from being sued by their attackers (in those strange instances in which a court would accept such a suit). That's all I know. Does someone out there have the particulars?

[CindyDawg]

I'm in Texas

[BiffWondercat]

One would think that TRESSPASSING would be enough of a crime. I guess I've gotta cough up enough money to live in a 'secured community' like the judges and politicans live in. Alas, the defense lawyer would probably argue that it was just too much temptation for a "poor little theif to resist"

Book me for the first batch of terra-formers for Mars!

[AmishDude]

Bernie Getz (sp?)

[MonroeDNA]

I'm in. For $500. For real.

[OldPossum]

I, too, would contribute to such a fund. We would need a coordinator in the UK (I think). The first person who comes to mind is MadIvan. Where is he nowadays? Haven't seen a post by him in weeks.

[CurlyDave]

A mechanical engineer friend of mine told me about a court case where he consulted for the defense.

It seems a 16 year old kid had broken into a gas station and was trying to force the coke machine open when he managed to get it to fall over on him.

Disfigured him for life and he sued both Coke and the Station owner.

He managed to get a settlement too, not as much as he wanted, but a couple hundred grand.

I thought he should have gotten jail time...