A 79-year-old man judged to have ‘lawfully killed’ a burglar had to change his identity and has been condemned to a life in hiding as he was scared of reprisals from the traveling community.
He and his wife have been forced to leave their home and warned never to come back.
Richard Osborn-Brooks told the inquest at Southwark Coroners Court that he had “no recollection” of the stabbing but he remembered grabbing a knife to protect his wife.
The inquest also heard the 79-year-old was cornered by one of the burglars in the kitchen after two accomplices forced their way through the door. He then grabbed a knife and scared Vincent’s accomplice off. However, Vincent came with a screwdriver.
“My only intention was to get him out of my house and away from my wife. I didn’t think [the knife] was likely to be used. I hoped it wouldn’t be necessary. It was just to frighten them.”
However, the pensioner and his wife faced death threats from Vincent’s associates and were told they could never come back to their home.
They were also forced to put their home of 42 years on the market for £100,000 under its market value.
Shrines to Vincent were built up yards from the house. Sir Craig Mackey described the burglar’s death as a ‘tragedy’ and said he wouldn’t stop shrines being erected.
Senior Coroner Andrew Harries said that the 79-year-old had used ‘moderate force’ to protect his wife who was at the top of the stairs.
The Detective Inspector said the pensioner was not prosecuted as he was protected by the self-defense law, to defend himself, his wife, and his home.
Coroner Mr. Harris said as he concluded the killing was lawful: “I’m satisfied Mr Osborn-Brooks did pick up the knife deliberately and the reasons given was to tell the intruders to go away after the two had threatened his wife and asked for money and one had then gone to the cabinet upstairs to secure some valuables.
“The householder insists there was no intention to harm. He indicated surprise that he had actually stabbed the victim.
“He was a rational sensible man, he must have known the recognised risk of death of holding a sharp knife in the way he did. He had however no intention to use it. He would describe it as a reflexive action so death wasn’t in mind.”
He added: “He explained to officers in the way his arm went forward in a positive manner and he said that he had stabbed him although the man was coming forward.
“The use of moderate force would seem to me to be proportionate. He clearly didn’t know the gentleman who was in his house, it was hard to judge what to do.
“It seems to me the combination of unpredictability and fear in a stressful situation are factors that need to be taken into account when considering proportionality of the force that was used.”
Vincent’s sister told the hearing her late brother was ‘not violent,’ adding: “My brother was not a violent person. He was a father, he was a son he was a brother. No-one deserves to die.”
His mother, Rose Lee, said: “Why did that gentleman not just stand back like a normal person would have done? But he didn’t. He didn’t stand back.
“How could the young man have lunged at this gentleman when the gentleman told you that he was squashed between the door and the stairs?”
The pensioner told the coroner: “I was terrified, I couldn’t move. I didn’t know whether he was going to stick me with it (screwdriver). I have no recollection stabbing him.”
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