A North Yorkshire farmer who severely injured a burglar on his premises said today he had lost all faith in British justice after an Appeal Court ruling left him facing financial ruin.

Stanley Wiles, 65, was left with legal bills of at least £100,000 after three top judges ruled he had "gone over the top" when he kicked burglar Malcolm Phillips, more than 25 years his junior, in the head as he crawled helpless on the ground.

Grandfather Mr Wiles, who has run Lake View farm at Osgodby as a tenant for the last 35 years, told the Evening Press that he could not afford to pay the bill.

He said: "I'm as sick as a parrot. We're only a small farm and we just don't have that kind of money. I'm facing financial ruin and it isn't a very nice prospect. I've lost all faith in British justice."

Outside court, Mr Phillips' counsel, Simon Levene, said compensation now payable by Mr Wiles to the burglar was unlikely to exceed £5,000.

Lord Justice Waller dismissed as "defying common sense" the farmer's claim that he had used only "reasonable force" to protect his life and property, and bring a criminal to justice.

But Mr Wiles, 65 this month, insisted he acted in self-defence.

The appeal judge said Mr Wiles had been making his nightly security check in January 1991 when he saw Mr Phillips, now 38, and two others stripping valuable slate tiles from the piggery roof.

While the other two burglars made their escape, Mr Phillips jumped 10 feet to the ground, probably breaking his leg on impact, and was confronted by the elderly farmer.

Mr Wiles, frightened and out-numbered by three younger men, punched Mr Phillips at least twice in the face before hurling him across an alleyway.

The burglar was knocked out for about 15 minutes. After regaining consciousness, he grabbed hold of Mr Wiles' leg and the farmer kicked him "very hard" in the face, causing severe facial injuries, said Lord Justice Waller.

By the time police arrived, Mr Phillips had been tied to a gate by the farmer. He had also sustained a "life-threatening" skull fracture, the court heard.

Mr Phillips, of Giles Avenue, Tang Hall, York, was later given a conditional discharge after admitting trying to steal the slates, while Mr Wiles was cleared of causing grievous bodily harm.

In May last year, a High Court judge ruled that the force Mr Wiles had used when initially confronted by the burglar had not gone beyond what he was entitled to do in self defence but the subsequent kick to Mr Phillips' head had been prompted by "anger and indignation".

Lord Justice Waller dismissed Mr Wiles' appeal against the High Court judge's ruling that he must compensate the burglar for facial injuries caused by the kick.

Mr Phillips, who was legally aided and appeared in court leaning on a crutch, said he was disabled and unemployed.

He said: "I feel as though some justice has been done at last. It's been over seven years now and I'm still going through operations on my face."

Because he will have to pay statutory contributions to his legal aid bill, Mr Phillips said he would not see a penny of compensation.

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