British prosecutors on the side of the thieves again

A man who stabbed a burglar to death after catching him in the act was charged with murder yesterday. Omari Roberts, 23, was remanded in custody. Roberts had found two teenage burglars in his mother's house when he arrived to visit her. After chasing one of the youths, aged 14, from the property, he returned to find 17-year-old Tyler Juett still there. There was a struggle and Juett was fatally stabbed in the chest, Nottingham Magistrates Court was told.

The Crown Prosecution Service said the decision to charge Roberts months after the incident in March had been taken after 'careful consideration'. Its lawyers believed he had used 'excessive and gratuitous force'.

The case echoes that of Norfolk farmer Tony Martin, who became a cause celebre when he was jailed for life for murder in 2000 after shooting dead a teenage intruder at his dilapidated Norfolk home. His conviction was reduced to manslaughter on appeal and he was released in 2003.

Yesterday the court heard that Roberts's mother Jacqueline McKenzie-Johnson, 46, a senior official at Nottingham City Council, was not at home when her son arrived on the afternoon of March 13.

Lee Shepherd, prosecuting, said Roberts first discovered the 14-year-old, who was also stabbed during a confrontation. Roberts chased him down the street before returning to the semi-detached house in Old Basford, Nottingham, to be confronted by Juett.

Applying for bail for Roberts, who is also charged with wounding the younger raider with intent to cause grievous bodily harm, Raj Chand, defending, said: 'This must have been a dreadful situation for any law-abiding member of the public. 'Someone said to me earlier that he was in the wrong place at the wrong time, but I said that he was in the right place at the right time. An Englishman's home is his castle. 'He says he was in the right. He regrets what happened, but he was defending himself and his property.'

District Judge John Stobart initially said he would take the 'rare decision' to grant bail because of Roberts's flawless record of reporting to police. But he agreed to remand him in custody at least until today after the prosecution said it wanted to appeal against the decision. Roberts, who did not enter any pleas, is scheduled to appear at Nottingham Crown Court on November 10. His address was listed in court as his mother's house, although it is understood he did not live there at the time of the incident.

Before the hearing, CPS lawyer Ian Cunningham said: 'I have decided that when Omari Roberts disturbed two burglars and caused injuries to them - in one case fatally - his actions were not reasonable. 'I have looked very carefully at the public interest in this case, and I am satisfied that it requires a prosecution. 'I also discussed the case with the CPS principal legal adviser and have decided there is sufficient evidence for a realistic prospect of conviction.' Mr Cunningham said legal guidelines made clear that anyone using 'reasonable force' to defend themselves would enjoy the full protection of the law. He added: 'The law also makes clear that people could be prosecuted if they act with excessive and gratuitous force.' [That guy sounds like what Americans call a Monday morning quarterback]

• Nottinghamshire Police said the 14-year-old admitted burglary at youth court in May and was sentenced to two years' detention.

Original report here

(Via Political Correctness Watch)