PATRICK WALSH - BURGLAR FALLS OUT OF WINDOW

BURGLAR FALLS FROM FOURTH FLOOR

PATRICK WALSH ARRESTED AFTER HE TACKLES A BURGLAR

A homeowner was arrested after a burglar plunged from the balcony of his top-floor flat. The intruder suffered head injuries and is fighting for his life after falling around 30ft on to a concrete path. Later police arrested the owner and are investigating whether the intruder was pushed. The incident happened early on Monday when Patrick Walsh, 56, awoke to find the 43-year-old man rifling through his flat. They argued and the confrontation moved towards the rear window of the flat. It is believed the intruder then smashed the window and clambered out on to a narrow ledge and fell to the ground. Mr Walsh phoned police and at around 6.30am officers found the man on the ground outside the smart Victorian apartment block in Chorlton-cum-Hardy, He was taken to hospital with serious head injuries. Officers arrested Mr Walsh on suspicion of causing grievous bodily harm with intent and are trying to establish whether the intruder was forced out of the window. The arrest is expected to fuel arguments about the rights of householders to defend themselves against burglars. The issue has been high on the law and order agenda since farmer Tony Martin was jailed for shooting dead a burglar in 1999. Following the Martin affair the Crown Prosecution Service and the Association of Chief Police Officers said any householder can use reasonable force to protect themselves or others, or to carry out an arrest or to prevent crime. Yesterday Mr Walsh, who was given bail pending further inquiries, refused to speak about the incident. But his solicitor Victor Wozny said: "My client is not at liberty to say anything because he is under police bail. "However we appreciate that the public view might be that this is a man arrested in his own home defending his own property." A neighbour said: "Police arrived in what seemed to be minutes and were there for the whole day. "It's shocking to find out what has happened but people shouldn't break into other people's houses." Another resident said: "I presume we will have to respect the burglar's rights while his victim has the nightmare of court hanging over his head. It all seems so unfair." A spokesman for Greater Manchester Police said they had been called following reports that an intruder had fallen from a top-floor flat. A 56-year-old man had woken up to find a man in his flat. "Following an exchange of words, the alleged burglar was found unconscious on the pavement outside the flat. "It is believed that he had fallen from the fourth-floor window." He said the man is 43 and lives locally and inquiries are continuing to establish the circumstances surrounding the incident. Mr Walsh was later released on bail until November. If charged and convicted he could face a life sentence. PATRICK WALSH A homeowner has been arrested and quizzed by police after an intruder he confronted during a burglary fell out of a fourth floor window. The burglar, 43, was left fighting for his life after he tumbled up to 40 feet when he was disturbed rifling through through the flat. He is thought to have got up and tried to run off but collapsed on the pavement. Police, who received a 999 call, found him unconscious on the ground outside the smart Victorian appartment block in Chorlton-cum-Hardy, Manchester. He was rushed to hospital with life threatening injuires. Officers arrested the 56-year old occupant of the flat on suspicion of causing grievous bodily harm with intent over the possibility that the intruder was pushed out of the window. He was later released on bail until November pending further inquiries. If charged and convicted the arrested man could face life imprisonment. The arrest is expected to fuel arguments about the right of householders to defend themselves against burglars - which has been high on the law and order agenda since farmer Tony Martin was jailed for shooting dead a burglar in 1999. Greater Manchester Police said the occupant of the apartment was asleep when he woke up at 6.10am on Tuesday to find the intruder in his flat. The pair got embroiled in an argument which spilled over towards the window of the flat. A neighbour, aged 56, from a nearby property who asked not to be named, said: "I was up at around that time, and I did hear a noise like a window being broken. "I had no idea what it was, but the police arrived in what seemed to be minutes. The house was taped off and the police were there for the whole day. "The crime scene investigators were there, which seemed very unsual for an area like this. "It's very quiet around here. The house where it happened is split into flats and I'm not sure who is living there now but they all seem to be very respectable. "It's shocking to find out what has happened but then again, people shouldn't break into other people's houses." Another local said: "If the guy who fell out of the window was breaking into the property then why was the homeowner arrested?" "I presume we will have to respect the burglar's rights whilst his victim has the nightmare of court hanging over his head. It all seems so unfair." A Greater Manchester Police spokesman said: "Detectives are appealing for witnesses after a man was found unconscious in the street in Chorlton. "At about 6.10am on Monday 6 August 2007 police were called to Corkland Road in Chorlton-cum-Hardy following a report that a 56-year-old man had woken up to find a man in his flat. "Following an exchange of words, the alleged burglar was found unconscious on the pavement outside the flat. It is believed he had fallen from the fourth floor window. "The man, who is 43-year-old and lives locally, was taken to Manchester Royal Infirmary with serious head injuries and has since been transferred to Hope Hospital. His injuries are described as life-threatening. "Inquiries are ongoing to establish the circumstances surrounding this incident. A 56-year-old man from Chorlton has been arrested on suspicion of section 18 assault and bailed, pending further inquiries." Following the Tony Martin affair the Crown Prosecution Service and the Association of Chief Police Officers said any householder can use reasonable force to protect themselves or others, or can carry out an arrest to prevent crime. In a joint statement they said: "You are not expected to make fine judgements over the level of force you use in the heat of the moment. "So long as you only do what you honestly and instinctively believe is necessary in the heat of the moment, that would be the strongest evidence of you acting lawfully and in self defence. This is still the case if you use something to hand as a weapon. "As a general rule, the more extreme the circumstances and the fear felt, the more force you can lawfully use in self-defence." If the householder chases the intruders as they run off, and the burglar gets injured, the occupant could face charges. The CPS and ACPO statememt added: "This situation is different as you are no longer acting in self-defence and so the same degree of force may not be reasonable. "However, you are still allowed to use reasonable force to recover your property and make a citizen's arrest. "You should consider your own safety and, for example, whether the police have been called. A rugby tackle or a single blow would probably be reasonable. Acting out of malice and revenge with the intent of inflicting punishment through injury or death would not." PATRICK WALSH08 Aug 2007