Farmer who shot suspect burglar is not charged
London Daily Telegraph (Filed: 04/09/2004)
A 72-year-old farmer who shot a suspected burglar will not face criminal charges. Kenneth Faulkner was arrested after shooting in the leg a 22-year-old man he thought was breaking into a garage at his remote farm near Ockbrook, Derbyshire, in the early hours of Aug 6. He had been burgled twice in the three weeks before the incident and fired his shotgun as the intruder was fleeing.
Mr Faulkner and James Rae, the suspected burglar, were arrested but yesterday Mr Faulkner, who was released on bail, was told the Crown Prosecution Service had decided there was insufficient evidence to take him to court. Rae, from Stanton-by-Dale, has been charged with burglary and theft of a vehicle and is due before magistrates again next week. The shooting mirrored the case of Tony Martin, the farmer who shot 16-year-old burglar Fred Barras as he fled his Bleak House Farm in Emneth, Norfolk. Eight years ago, a homeowner killed an intruder in the same Derbyshire village near where last month's incident happened.
Yesterday the decision not to prosecute Mr Faulkner was welcomed by Malcolm Starr, who campaigned for Martin's release. He said: "The fundamental thing is that common sense and decency has prevailed in this case. But I don't think the CPS should put people under this kind of pressure. "This poor man has had to sweat it out for several weeks under the fear of prosecution and that is punishment in itself. Hopefully, cases like this will give the public confidence to stand up and not be intimidated. This was the correct decision."
Anna Zimand, head of the trial unit at Derbyshire Crown Prosecution Service, said: "This decision wasn't taken lightly. It was only made after a careful review of all the available evidence. "It doesn't mean that anyone using violence is above the law and wouldn't face prosecution."
London Daily Telegraph (Filed: 04/09/2004)
A 72-year-old farmer who shot a suspected burglar will not face criminal charges. Kenneth Faulkner was arrested after shooting in the leg a 22-year-old man he thought was breaking into a garage at his remote farm near Ockbrook, Derbyshire, in the early hours of Aug 6. He had been burgled twice in the three weeks before the incident and fired his shotgun as the intruder was fleeing.
Mr Faulkner and James Rae, the suspected burglar, were arrested but yesterday Mr Faulkner, who was released on bail, was told the Crown Prosecution Service had decided there was insufficient evidence to take him to court. Rae, from Stanton-by-Dale, has been charged with burglary and theft of a vehicle and is due before magistrates again next week. The shooting mirrored the case of Tony Martin, the farmer who shot 16-year-old burglar Fred Barras as he fled his Bleak House Farm in Emneth, Norfolk. Eight years ago, a homeowner killed an intruder in the same Derbyshire village near where last month's incident happened.
Yesterday the decision not to prosecute Mr Faulkner was welcomed by Malcolm Starr, who campaigned for Martin's release. He said: "The fundamental thing is that common sense and decency has prevailed in this case. But I don't think the CPS should put people under this kind of pressure. "This poor man has had to sweat it out for several weeks under the fear of prosecution and that is punishment in itself. Hopefully, cases like this will give the public confidence to stand up and not be intimidated. This was the correct decision."
Anna Zimand, head of the trial unit at Derbyshire Crown Prosecution Service, said: "This decision wasn't taken lightly. It was only made after a careful review of all the available evidence. "It doesn't mean that anyone using violence is above the law and wouldn't face prosecution."
