Farmer who used forklift tractor to move a car parked on his land is CLEARED of dangerous driving and criminal damage after telling jury, 'An Englishman's home is his castle and my castle starts at that front gate'
A farmer who used a forklift tractor to move a car parked on his land was today cleared of dangerous driving and criminal damage after telling the jury, 'An Englishman's home is his castle and my castle starts at that front gate'.
Fourth-generation hill farmer Robert Hooper, 57, insisted he had a lawful right to defend his property, with his barrister arguing on the basis of a 400-year-old precedent set by the legendary jurist Sir Edward Coke. In a ruling known as Semayne's case, Sir Edward established the Common Law principle that everyone has the right to use reasonable force defend their home against intruders, and - while issuing his ruling - uttered the famous phrase.
Jurors today found themselves with the task of deciding whether the same principle applied to what happened one day in August last year.
Mr Hooper told the court he had politely asked a group of men to leave because their car was blocking his front gate. He said one of the men, apprentice diamond driller Charlie Burns, punched him and he felt he had to act due to feeling 'frightened and threatened'.
The 21-year-old, from Tyneside, then tried to stop Mr Hooper from flipping his friend's car by flinging himself at the cab of the vehicle and kicking its tyres. After police arrived at the scene, footage - seen by millions - shows Burns muttering 'f*****g farmers', before pulling down his trousers and exposing his backside to the camera.
Today, Mr Hooper's supports cheered him outside Durham Crown Court after a jury cleared him of all charges following a four-day trial.
After the case, his partner, Kate Henderson, read a statement which said: 'The overwhelming support of the local community and people from afar have kept him going during these last eight months of hell. We welcome the jury's verdict and are thankful for it.'
Robert Hooper, 57, embracing his partner Kate Henderson outside Durham Crown Court after being cleared of dangerous driving and criminal damage
Charlie Burns (left) and Elliot Johnson (right) had arrived on Mr Hooper's land after visiting a nearby waterfall
Mr Hooper told the jury: 'An Englishman's home is his castle and my castle starts at that front gate'
Video of the moment Mr Hooper tipped the car over a low wall onto the road
Burns pulled down his shorts and mooned at police who were responding to the incident
Mobile phone footage showed how Mr Hooper used a telehandler with forks to lift the £16,000 car from the lane outside his farm in Newbiggin-in-Teesdale, County Durham, flip it, and push in on to its side on the road outside.
A shirtless Charlie Burns, who had been visiting the area that day and had drunk up to seven bottles of lager, was knocked to the floor by the vehicle's lifting forks.
Mr Hooper had told the jury he was punched by Mr Burns when he first politely asked the men to leave as they were blocking access on what was a busy day on the farm.
He told the court he was aware of an 'influx' of youths visiting the area that summer, causing anti-social behaviour, littering and damaging walls.
The farmer claimed the younger man punched him twice in the farm buggy he was driving, bursting his lip.
Mr Hooper told the court: 'I thought it is time to get out of there, and I said 'If you don't move it, I will'.
'My mind was racing.
'I thought we have a bit of a problem here, there's two of them, half my age, I didn't know what they had in terms of weapons, or what they were capable of doing.
'I thought if the car was off the property, that would be them off the property, out of the way.'
Mr Hooper said he was defending his property and himself.
He said: 'I felt threatened and an Englishman's home is his castle, and my castle starts at that front gate.'
Asked by defence barrister Michael Rawlinson why he did not simply call the police, Hooper replied: 'I have had quite a number of burglaries at the farm over the years, about eight in total.
'We have not had the best response from the police and there was not time for anyone to be coming I did not think.
'There is an unmanned police station at Barnard Castle about 15 miles away and the next one is at Shildon and it would take an hour to get there from Shildon.'
Mr Hooper, a fourth-generation hill farmer, defended his home and property by flipping the car off his landIn his closing speech to the jury, Michael Rawlinson, defending, gave the origin of the saying, referring back to the judge Sir Edward Coke's comments which set legal precedents in 1604.
Referring to arguments about how Mr Hooper could have acted differently that day, Mr Rawlinson also quoted the boxer Mike Tyson, saying: 'Everyone has a plan until they get punched in the mouth.'
Mr Hooper, who has no previous convictions, had a busy day baling silage and had gone back to the farm for his tea, intending to go out again to carry on working.
Mr Burns had been drinking with friends at Low Force waterfall, and having consumed up to seven bottles of lager he was intending to walk 52 miles back to South Tyneside.
He told the jury he spotted his friend Elliott Johnson whose Corsa had suffered a double puncture, which was why they parked on the farmer's lane.
In his closing remarks, David Ward, prosecuting, told the jury the Crown was not saying Mr Hooper was a 'thug', but that his actions were 'utterly irrational' on the day.
Judge Ray Singh had outlined routes to verdict for the jury, explaining the law surrounding self-defence and a defendant protecting himself and his property.
Video grab image dated June 2021 issued by the CPS from video played at Durham Crown Court showing Hooper using a farm vehicle to remove a Vauxhall Corsa from his land last June
Hooper told the jury he 'definitely' did not mean to strike Mr Burns with the vehicle's forks
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