06-15-2003, 03:00 PM
[/url] Brendan Fearon [url "javascript:makeRemote('/skynews/videoconn/0,,p2_20030613qn-30100,00.html',320,440)"][#0000ff]Burglar To Sue[/#0000ff][/url] [#0000ff][/#0000ff] [#0000ff]
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SHOT BURGLAR TO SUE A burglar who says he cannot enjoy sex after he was shot and injured by Tony Martin has won the right to sue the jailed farmer for damages.
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Brendon Fearon, 33, successfully asked a judge at Nottingham County Court to overturn an earlier decision that threw out his claim.
Fearon will 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.
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.
He claims he cannot even watch shoot-outs on television or in movies because of the memories of the incident.
Fearon 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.[/url] [/url] Tony Martin
Malcolm Starr, a friend and campaigner for Martin, said: "This is disgraceful and means yet more public money will be wasted on this claim.
Tony expected this to happen, because of flaws in the law that must now be addressed."
Mr Starr added: "Public opinion must be at boiling point. People will be gobsmacked that the law can be so wrong."
Earlier this year, Fearon, of Newark, was told that he had failed to provide sufficient evidence to support his claims that he has been unable to work because of his injuries.
But the judge who made today's ruling said the mistakes of Fearon's solicitors should not prevent him getting his case for compensation heard in a court of law.
The judge also pointed out that the case has a great deal of public interest concerning the rights of both householders and trespassers.
Henry Bellingham, Tory MP for Martin's constituency in Norfolk, said: "I feel very strongly that no criminal should have any right after he has broken into a property - all legal rights should be left outside the property that was burgled."[/url]
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SHOT BURGLAR TO SUE A burglar who says he cannot enjoy sex after he was shot and injured by Tony Martin has won the right to sue the jailed farmer for damages.
[/url]
Brendon Fearon, 33, successfully asked a judge at Nottingham County Court to overturn an earlier decision that threw out his claim.
Fearon will 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.
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.
He claims he cannot even watch shoot-outs on television or in movies because of the memories of the incident.
Fearon 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.[/url] [/url] Tony Martin
Malcolm Starr, a friend and campaigner for Martin, said: "This is disgraceful and means yet more public money will be wasted on this claim.
Tony expected this to happen, because of flaws in the law that must now be addressed."
Mr Starr added: "Public opinion must be at boiling point. People will be gobsmacked that the law can be so wrong."
Earlier this year, Fearon, of Newark, was told that he had failed to provide sufficient evidence to support his claims that he has been unable to work because of his injuries.
But the judge who made today's ruling said the mistakes of Fearon's solicitors should not prevent him getting his case for compensation heard in a court of law.
The judge also pointed out that the case has a great deal of public interest concerning the rights of both householders and trespassers.
Henry Bellingham, Tory MP for Martin's constituency in Norfolk, said: "I feel very strongly that no criminal should have any right after he has broken into a property - all legal rights should be left outside the property that was burgled."[/url]
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