Farmer Tony Martin catches thief at his home again - but opts not to confront him 'for fear of prosecution'

Farmer Tony Martin, who was jailed for shooting dead a burglar, has been burgled again - but decided not to confront the thief for fear of being prosecuted.

Martin, 67, was jailed for manslaughter after he shot a burglar dead  during a raid on his Norfolk home in 1999.

Last week, 14 year after the controversial conviction, Mr Martin found another intruder trying to steal car batteries from one of his outbuildings at Emneth Hungate, Cambridgeshire.

The raider fled and Mr. Martin decided not to chase him because he 'didn't want to be made out as a criminal again'.

Close friend Malcolm Starr, 63, said: "One person would be scared of being burgled, but he is absolutely terrified.

"He is obsessed with it. He is so conscious of it happening again.

"Anyone else would think after 14 years that everything is back to normal. But Tony doesn't feel that."

Mr. Martin said he had challenged the intruder who dropped one of the new #90 batteries but decided not to chase him.

He said: "I couldn't face going through all that again.

"I wished I had but, after everything I've been through in the past, I just couldn't face all that hassle again.

"It isn't the first time it's happened since I've been out of prison - it's happened two or three times.

"I haven't changed my views about what happened in 1999 but the whole experience has made me lose faith in the system and I didn't want to be made out as the criminal again."

He added: "There were weapons inside the shed so, if I had wanted to fight him off, I could have."

Mr Martin was living alone at his farmhouse - nicknamed Bleak House - when he was burgled in 1999, fired his shotgun three times towards the intruders.

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He caught Fred Barras, 16, and Brendon Fearon, then 29, inside his house and Fred died from his injuries.

Mr Martin was jailed for nine years for murder, but on appeal his sentence was reduced to three years for manslaughter.

Mr Martin was being voluntarily assessed in hospital as a "precaution" yesterday after confronting another crook on his property.

The following day Mr Martin took himself to a police station in Wisbech, Cambs., after telling friends he was "worried about what he might do."

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On Friday he was undergoing a mental health assessment at the Queen Elizabeth II Hospital, in King's Lynn, Norfolk.

Malcolm Starr added: "I think he went to the police as a precaution. He was worried about what he might do. He probably felt like he didn't know which way to go.

"I have never heard him so down. I wonder if he is going to change his lifestyle. It is almost as if he has given in.

"I just hope he doesn't do anything stupid."

Mr. Starr added: "Anyone of us who gets burgled might pick up a piece of wood and have a go at them, but Tony cannot do that - he would be immediately arrested."

Last year Justice Secretary Chris Grayling announced that the legal bar on what could be considered "proportionate" force would be raised.

He added that this could give householders who react with force when confronted by burglars more legal protection.

Police said they were called to the attempted raid at Mr. Martin's farm and said investigations were still ongoing.