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Judge backs British homeowner who shot burglar
A chink of sunshine in the gloomy world of today's British justice system.A 73-year-old farmer who shot a burglar after being broken into three times "could not be criticised" for the way he defended his property, a judge said yesterday. The case, less than a week after the alleged murder of a 45-year-old west London teacher by a burglar, seems certain to revive debate about how much force home owners can use to defend themselves and their property. Judge Andrew Hamilton, sentencing the burglar to seven years in jail for a string of similar crimes, said it was "a pity" that prosecutors had even thought of bringing charges of assault against the farmer, Kenneth Faulkner. Mr Faulkner, who has lived alone at isolated Keys Farm, at Ockbrook, Derbyshire, since the death of his wife two years ago, was first burgled by three men in July. During the raid they broke into a gun cabinet and took five shotguns, a longbow, arrows, a crossbow and bolts. Then one of the gang, 22-year-old John Rae, returned alone in August and stole a mechanical digger. When he went back the next day, Mr Faulkner confronted him and fired his shotgun, hitting Rae's leg with pellets. After hearing that the Crown Prosecution Service had only recently told the farmer that he would not face charges, Judge Hamilton told Rae at Derby Crown Court: "Mr Faulkner believed he was being targeted - and he was entirely right. "He wrongly believed the burglars had come back armed with those guns that had been stolen. Very sensibly he took out his shotgun. "Nobody could criticise him for what he did. For him it has been a most harassing and terrible incident. "It is only a pity that charges were considered against him. Sensibly, the decision was made - which I entirely agree with - that the matter would not be pursued." Michael Auty, prosecuting, said the "primary reason" that the CPS decided not to charge Mr Faulkner was that Rae had been left with only pellet wounds in his lower leg. Posted by: Bulldog 2004-10-26 |
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