Tony Martin is due for release on 28 July

Lawyers for a farmer jailed for killing a teenage burglar have argued that a confidential report indicated Tony Martin was "suitable for early release".

The Parole Board ruled the 58-year-old Norfolk farmer was not eligible for release any earlier after considering reports he showed no contrition for shooting 16-year-old Fred Barras.

However, lawyers acting for Martin told a High Court hearing they have seen a confidential report which shows he is suitable for early release.

It is understood Parole Board lawyers would oppose the legal challenge later in the two-day hearing by arguing burglars were members of the public who needed protection from violent householders.

Barras, from Newark, Nottinghamshire, was shot dead when he broke into Martin's remote Norfolk farmhouse in August 1999 with accomplice Brendon Fearon, 33.

Martin's lawyers are also challenging the Parole Board's decision in February not to review its initial decision.

Bitu Bhalla, appearing for the farmer, said few matters had drawn "such extraordinary public interest as the position of Mr Martin", which had been the subject of a full parliamentary debate and "is not only the province of the chattering classes, but every household up and down the country".

Mr Bhalla was shown a confidential parole report on Tuesday morning on condition it was only seen by lawyers in the case and remained secret.

Documents 'difficult to obtain'

After reading it during a brief adjournment, Mr Bhalla told Mr Justice Maurice Kay, sitting in London, the document showed Mr Martin "has behaved with discretion and co-operation which indicates ultimately that he is suitable for early release".

Fred Barras was killed in 1999

When the confidential report was passed to Martin's legal team, Pushpinder Saini, appearing for the Parole Board, told the court there was "nothing sinister" in keeping it from the public eye.

Mr Bhalla said the decision not to grant Martin early release was legally flawed and the board had not been in a position to assess any future risk Martin might present or the issue of remorse and contrition.

Mr Bhalla said Martin, in talks with probation officers, had spoken about protecting his farm, Bleak House, with electronic gates and an air raid siren.

"This is the action of someone who contemplates methods other than overreaction. Thoughts of the gun are gone."

Martin was convicted of murdering Barras and wounding Fearon by a jury at Norwich Crown Court.

He received an automatic life sentence but the murder conviction was reduced to manslaughter and the sentence to five years by the Court of Appeal in October 2001.

Martin was said to be "extremely angry" at his failure to win his freedom before the Parole Board in January, which he told friends he believed had been due to a probation officer's report.

The hearing was adjourned until Wednesday.